extent the fundamental
rights are part of the basic structure of the Constitution, even the
validity of laws placed in the Nineth Schedule ... tested
against the basic structure of the Constitution as held by the
Supreme Court in I.R. Coelho (Dead) By LRs. vs. State
India of the
High Court is part of the basic structure of the Constitution and the same cannot
be curtailed by any ordinary legislation. According ... Constitution and, remedy under above provision is also basic structure of the
Constitution. When Supreme Court observed that litigants in fit case can
approach High
equal
protection of law guaranteed by Article 14 of the Constitution
enshrines in itself the person’s right to be adjudged by a forum
which ... constitutionality of
the provisions, still, keeping in view the basic structure of the
Constitution and the independence of judiciary, it is a mandatory
requirement that
clause (4) under the Article 16 of the
Constitution has already been upheld by the Constitution Bench
of Hon’ble Apex Court in M. Nagraj ... axiom, like secularism, constitutional sovereignty,
equality code etc. forming basic structure of the Constitution.
It cannot be said that by insertion of concept of consequential
denying the equality before
law in terms of Article 14 of the Constitution. In the case of H.S.
Srinivasa Raghavachar & Ors. v. State ... Constitution
and was destructive of the basic structure of the Constitution. An
ancillary question that fell for the consideration of this Court was where
tribunals within their respective jurisdictions is part of the
basic structure of the Constitution. Therefore, to hold that an advance
ruling of the authority should ... Constitution would be to
negate a part of the basic structure of the Constitution. Nonetheless, we
do understand the apprehension of the Authority that
Referring to Section 142 of the Constitution of Jammu &
Kashmir, corresponding to Article 329-A of the Constitution of India, the
Court observed ... Constitution of J & K violates the basic structure of the
Constitution. This challenge is also not based on a sound principle."
Lakhbir Singh
Article 32 of the
Constitution is part of the inviolable basic
structure of our Constitution. While this
jurisdiction cannot be ousted, other Courts and
Tribunals ... Constitution of India is part
of the inviolable basic structure of our Constitution and the
said jurisdiction cannot be ousted, but the other Courts
Constitution
and on the High Courts under Articles 226 and 227
of the Constitution is part of the basic structure of
the Constitution, forming ... inherent part of the
basic structure and it cannot be abrogated without
affecting the basic structure of the Constitution."
The essence of constitutional
High Court under Art.227 is part of basic structure of the Constitution. Sub-Article (4) of Article 227 only covers the administrative matters ... Supreme Court under Art.32 is part of the basic structure of our Constitution was operative. The judgment in L. Chandra Kumar still holds
