amendment is
10 1992 Supp. (3) SCC 215
destructive of basic structure of the Constitution. The learned
Counsel was of the view that both ... Amendment) Act, 2005 and contended that it is against
the basic structure of the Constitution. The procedure laid down
under Article 368 has not been
seriously challenged by arguing that the amendment is
destructive of basic structure of the Constitution. The learned
Counsel was of the view that both ... Amendment) Act, 2005 and contended that it is against the basic
structure of the Constitution. The procedure laid down under
Article 368 has not been
Mahmadhusen Abdulrahim Kalota Shaikh vs Union Of India & Ors on 21 October, 2008
Author
amended by the 7th Amendment Act, was ultra vires the basic structure of the Constitution.
He contended that the Krishna Valley Project was the requirement ... Basic Structure Doctrine"-
The learned Advocate General Mr. Ravi Kadam referred to the following judgments with regard to "Basic Structure Doctrine
Constitution and on the High
Courts under Articles 226/227 of the Constitution is part of the basic
structure of the Constitution, forming its integral ... inherent part of the basic structure and it
cannot be abrogated without affecting the basic structure of the
Constitution. ... ..."
In our opinion, the ratio
Acts, (i) Constitution (Eight Amendment) Act, 1959 , (ii) Constitution (Twenty Third Amendment) Act, 1969 , (iii) Constitution (Forty Fifth Amendment) Act, 1980 , (iv) Constitution (Sixty Second ... Constitution of India as well as Articles 330 , 331 , 332 and 333 of the Constitution of India as ultra vires of the basic structure
Constitution and on the High Courts under Articles 226 and 227 of the Constitution is part of the basic structure of the Constitution, forming ... importance of Article 227 by highlighting the same as a basic structure of the Constitution. However, it cannot be invoked merely to correct any error
primary education?
3. Does the 93rd Amendment violate the Basic
Structure of the Constitution by imposing
reservation on unaided institutions?
4. Whether ... breach not only of Article
14 but of the basic structure of the Constitution. The
non-exclusion of the creamy layer or the inclusion
unquestionably,
to my mind, part of the basic structure of the
Constitution. Of course, when I say this I
should not be taken to suggest ... Supreme Court
under Article 226/227 and 32 of the Constitution is
basic structure of the Constitution. It is further
observed that:-
"Clause
making inroad into the democratic principles, which are the basic structures of the Constitution.
5. Mr.G.Jeremiah, learned counsel appearing for the petitioner ... supersede the Council. He would submit that democracy being the basic structure of the Constitution, election of a Chairman as per Section
