conferred on the Legislatures; and (b)
These provisions violate the basic structure of the Constitution insofar as
they take away the power of judicial review ... Tribunals and Courts situated within their territorial jurisdiction,
violate the basic structure of the constitution, and (vi) In view of the
afore-stated propositions
independence of the
judiciary, as a part of the basic structure of the Constitution, to secure the 'rule of law'
essential ... adopt a construction
which strengthens the foundational features and the basic structure of the
Constitution. Rule of law is a basic feature of the Constitution
Constitution. the rules were ultra vires of the basic
structure of the Constitution, namely independence of
Judiciary. On May 4,1992 this Court issued Rule ... subject to the Constitution; Rule of
law and judicial review are parts of the scheme of the
Constitution as basic structure and judicial review
S.R. Bommai And Others Etc. Etc. vs Union Of India And Others Etc. Etc
judicial review is a basic and
essential feature of the constitution
and it cannot be abrogated without
affecting the basic structure of the
Constitution ... violating
the basic structure doctrine, set up
effective alternative institutional
mechanisms or arrangements for judicial
review. The basic and essential feature
of judicial review cannot
judicial review is a basic and
essential feature of the constitution
and it cannot be abrogated without
affecting the basic structure of the
Constitution ... violating
the basic structure doctrine, set up
effective alternative institutional
mechanisms or arrangements for judicial
review. The basic and essential feature
of judicial review cannot
Court was self-imposed and was
not inconsistent with the basic structure of the Constitu-
tion.
On behalf of the respondent it was contended, that ... that
judicial review being a part of the basic structure of the
Constitution the power of the High Court under Article 226
of the Constitution
revision in pay-scales based on certain criteria, and the basic wage structure varies from State to State. As such it may not be possible ... hence the said direction is in violation of the basic structure of the Constitution which envisages separation of powers between the three organs
decision
in Kesavananda Bharati v. State of Kerala2 infringe the
basic structure of the Constitution, no serious attempt was
made during the course of arguments ... basic
features of the Constitution and hence any constitutional
amendment violative of Article 14 is equally violative of
the basic structure. This simplistic argument overlooks
Founding Fathers did not deem it wise to shake the
basic structure of Government and in distributing the
legislative functions they, by and large, followed ... manner of doubt that
they form part of the basic structure of the Constitution.
Besides, by the 42nd Amendment, Part IV-A entitled
'Fundamental
