Parliament
since they damage the basic or essential features of
the Constitution or its basic structure.
Consequently, all such amendments to the Constitution
made ... basic
feature of the Constitution, namely, judicial review.
Similarly, according to the learned counsel, the
Constitution (Thirty-fourth Amendment) Act, 1974
violated the basic structure
which are subservient to the Constitution, to ensure that
the federal structure embodied in the Constitution as a
basic principle, is not disturbed by permitting ... said Articles of the Constitution, is an
integral part and essential feature of the Constitution,
constituting part of its basic structure. Therefore,
ordinarily, the power
A.K.Behera vs Union Of India & Anr on 6 May, 2010
Author: J
basic structure concept", has further held that if there is any violence to the basic structure of the Constitution either by any constitutional amendment ... Constitution but also in Articles 245 and three Lists of the Constitution resulting in the change of the very structure or framework of the Constitution
which are subservient to the Constitution, to ensure that
the federal structure embodied in the Constitution as a
basic principle, is not disturbed by permitting ... said Articles of the Constitution, is an
integral part and essential feature of the Constitution,
constituting part of its basic structure. Therefore,
ordinarily, the power
independence of the Judiciary which
are parts of the basic structure of the Constitution.
(iii) Article 323B of the Constitution enables the appropriate Legislature ... independence of Judiciary which are parts of
the basic structure of the Constitution. MBA also contends that the decisions
1
of this Court in Union
State Of Raj vs Gyan Pakash Shukla &Ors on 5 February, 2010
IN THE
valid
elections, can be called to be the 'basic structure of the Constitution of
India'. Democratic Government is what we have assured ... democratic elections and the democracy being a part of the basic
structure of our Constitution, the question involved herein gains all the
more importance
Constitution of J & K was
itself violative of the Basic Structure of the
Constitution of India as applicable to the State
of Jammu ... perception of what the
Basic Structure is. It is hazardous to define
what is the Basic Structure of the Constitution
as what is basic does
Prabir Chatterjee vs Icici Bank Limited & Others on 1 October, 2010
Author: Sanjib Banerjee
