article 368(2) of the Constitution, which
recognizes the federal structure of the Constitution as one of the
basic structures, has not been followed ... Constitution and precluded a
judicial review of the Constitution Amendment Act, on any ground,
sought to destroy an essential feature or basic structure
Kerala & Anr. laid
down the principle of the basic structure of the Constitution being
inviolable, and we may hasten to add that though ... review, therefore, is a basic and
essential feature of the Constitution and it cannot be abrogated
without affecting the basic structure of the Constitution
manner, interfere with or
disturb the basic structure of the Constitution of India and hence,
cannot be said to be open to judicial review ... structure of the
Constitution involves those parts of the Constitution without which, it
may lose its fundamental character. The doctrine envisages that the
Constitution
voting.
45) Democracy and free elections are part of the basic structure of the
Constitution. In Indira Nehru Gandhi vs. Raj Narain , 1975 Supp ... issue
and the observations were in the context of basic structure of the
Constitution. Thereafter, this Court reiterated that democracy is the
basic structure
preamble of the constitution cannot be amended in exercise
of powers under Article 368 of the Constitution. The "basic
structure" of the Constitution ... Constitution as
guaranteed under Article 368 of the Constitution is to fulfil
the obligations imposed on the State within the limits of the
basic structure
basic to our constitution. In Keshavananda
Bharati v. State of Kerala , it was ruled that even
constitutional amendments which offended the
basic structure ... ultra
vires the basic structure. Sikri, CJ. laid stress on
the basic features enumerated in the preamble
to the Constitution and said that there were
amend the Constitution has observed that every provision of the Constitution, can be amended provided in the result, the basic structure of the Constitution remains ... freedoms and basic rights contained in Part III of the Constitution and their protection itself has been treated as the basic structure of the Constitution
body
corporate constituted by law or any public institution. The basic
structure of the Constitution of India by abrogating and diluting the
powers and functions ... duties and functions. The 2011 Act,
being violative of the basic structure of the Constitution, especially
having the effect of abrogation of Chapter II Part
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
Dr. Akshay Bahadur vs Govt. Of Nct Of Delhi on 28 May, 2013
IN THE
