Further Discussion On The Motion Of Thanks On The President’S Address ... on 17 April
Constitution respectively is a part of the
inviolable basic structure of our Constitution. The power
of judicial review over legislative action vesting in the
High ... tribunals within their
respective jurisdictions is also part of the basic structure
of the Constitution and a situation where the High Courts
are divested
State Of Bihar & Anr vs Bal Mukund Sah & Ors on 14 March, 2000
State Of Bihar & Anr vs Bal Mukund Sah & Ors on 14 March, 2000
impugned Ordinance No.3 of 2000.
38. One of the basic structures of the Constitution of India is Democracy. Democracy means self-governance. That ... years and no longer.
39. Democracy being one of the basic structures of the Constitution of India which provides self-governance, any effort to tinker
barring judicial review, it is violative of the basic structure of the Constitution and the Rule of Law entrenched therein. Per contra, it is contended ... powers within their respective jurisdictions is also part of the basic structure of the Constitution. This is because a situation where the High Court divested
Union of India , that judicial review is a basic and essential feature of the Constitution and no law passed by Parliament in exercise ... review, therefore, is a basic and essential feature of the Constitution and it cannot be abrogated without affecting the basic structure of the Constitution
subject to such law being consistent with the basic structure of the Constitution.
32. Courts and Tribunals are not rival centres for enacting legislation. Their ... legislation when it is inconsistent with Part III of the Constitution or the basic structure of the Constitution or is beyond the legislative competence
Constitution, learned Additional Advocate-General submitted, the provisions under Article 243-D(6) of the Constitution of India are not opposed to the basic structure ... Constitution of India, the provision under Article 243-D(6) of the Constitution cannot also be said to be opposed to the basic structure theory
letter of Election Commission was impugned albeit, democracy, within the Constitution, is basic structure. Parts XV and XVI of the Constitution provide for election ... governance through one's representatives. Democracy is the basic structure of the Constitution, which forestalls the manipulative politics of the democracy, respecting the rights