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 ... power of judicial
review being an integral part of the basic structure of the
Constitution, no Act of Parliament can exclude or curtail the
powers
other words, Article 33 does not speak about the basic structure of
the Constitution. Learned counsel relied upon the decision of this
Court ... Constitution does not contemplate restricting or abrogating the basic
structure of the Constitution or the core values of the Constitution.
42. First
categorically ruled that the
'Basic structure' of the Constitution cannot be taken away even by Parliament by
way of constitutional amendment, invoking Article ... High Courts under Article 226 , which are held as basic structure of the
Constitution, in addition to the vital aspects like Parliamentary Democracy,
Secularism
result in nullification of the basic
structure doctrine, the object of which is to protect basic
features of the Constitution as indicated by the synoptic ... canalised and not unbridled so as to
breach the basic structure of the Constitution. Equality of
opportunity in matters of employment being the constitutional mandate
determining whether or not it destroys the basic
structure.
(ii) Article 21 of the Constitution in its broad
perspective seeks to protect the persons ... power of judicial review being an
integral part of the basic structure of the Constitution,
no Act of Parliament can exclude or curtail the powers
struck down on the ground of violation of basic structure of the constitution and also held that the Judgment of the Court cannot be nullified ... executive order as it affects the basic structure of the Constitution of India.
(c) The learned single Judge/writ Court in this case has relied
included in
Ninth Schedule relatable to Article 31B of
the Constitution:
10.Article 31B is a constitutional device to place
the statutes included ... Part III of the Constitution;
however without affecting the basic structure of
the Constitution, but sub-serving the
constitutional purpose. The substance of Article
citizens of the country under Article 21 of the constitution.
Constitution is our basic structure of all laws, rules and
regulations ... that would put restriction
on some rights without disturbing the basic structure of the
Constitution. Such restriction in my considered view should be
explicit
4455/2013 Page 5
executive forms part of the basic structure of the
Constitution of India and any attempts by the executives
to legislate without ... authority under the law
would amount to violation of the basic structure of the
Constitution of India. The power to legislate is
incorporated under Article
public employment, which had been held to form the basic
structure of our Constitution in State of Karnataka and
Others v. Uma Devi and Others