basic structure of the Constitution? if so,
can the 103rd Constitution Amendment be said to breach the basic
structure of the Constitution ... mainstream of society and,
therefore, reservation structured singularly on economic criteria violates
the basic structure of the Constitution of India?
(b) As to whether
statute or not. The doctrine of
violation of the basic structure of the Constitution of India
applies to a Constitutional Amendment. In the facts ... inter alia held that, a Constitutional amendment cannot
destroy the basic structure of the Constitution. The doctrine of
basic structure of the Constitution applies
view of the
express bar under Article 329(b) of the Constitution. The Court, inter alia,
observed as follows:
".......though the High Court ... that as "free and fair elections" is the basic structure of the
Constitution and every citizen has an abiding interest in the proper
power under the Constitution. The State Legislature
cannot change the basic structure of he Constitution. Independence of judiciary is
one of he basic structure ... State Legislature has
indirectly tried to change the basic structure of the Constitution by bringing the
subordinate judiciary under the control of administrative tribunal constituted
List II. Hence, investigation is a State
subject under the Constitution. DSPE Act being a pre-Constitutional statute
was enacted under Entry ... structure of the Constitution which is held to be a
basic structure of our Constitution. Federalism being one of the basic
structures of the Constitution
Article 32 of the Constitution is an integral
and essential feature of the Constitution, constituting part of its
basic structure. Ordinarily, therefore, the power ... Constitution and upon the Supreme Court under Article 32 of
the Constitution is a part of inviolable basic structure of the constitution
and the tribunal
Constitution and upon the Supreme Court
under Article 32 of the Constitution is a part of the inviolable
basic structure of our Constitution. While this ... Article 32 of the
Constitution is an integral and essential feature of the
Constitution, constituting part of its basic structure.
Ordinarily, therefore, the power
Engineers (P) Ltd. And Anr vs State Of West Bengal And Ors on 18 February
context of right to property is not a
basic feature or basic structure. The Constitution 66th
Amendment Act, 1990 bringing the Amendment ... under Ninth Schedule to the Constitution does not destroy the
basic structure of the Constitution.
31. Even agreeing with the contention that after the
Constitution
Constitution and the Constitution (Eighty-sixth Amendment) Act,
2002 inserting Article 21-A of the Constitution do not alter the
basic structure or framework ... Constitution and the Constitution (Eighty-sixth
Amendment) Act, 2002 inserting Article 21-A of the Constitution do not alter
15
the basic structure or framework
