extraordinary
jurisdiction under Article 32 of the Constitution of India, 1950
(hereinafter referred to as the ‘Constitution’) to remedy the concerns
that have arisen because ... nature of
mandamus declaring that “Fraternity” forms part of “Basic
Structure” of the Constitution;
d. Issue appropriate writ, order, decree in the nature of
mandamus
form cadre of subordinate courts as understood by
Art.234 of the Constitution of India and State Government will have to take
action to make ... well, though independence of
judiciary was the hallmark of the basic structure of the Constitution. He
argued that with such appointments impartiality, independence, fairness
form a part and parcel of the basic
structure of the Constitution and cannot be over written and nullified
WPC Nos. 5003 and 5086/2013
fair election is the basic feature of our democracy,
which again is the basic structure of the Constitution, that
under Article 324 of the Constitution
from the list of voters a petition under Article 226 of
the Constitution of India would be maintainable and can be entertained
and a relief ... Constitution of
India, has recognized that in exceptional cases, the Court can exercise
powers of judicial review, which is the basic structure. It is, therefore
Constitution is the documentation of the
founding faiths of a nation and the fundamental directions
for their fulfillment. The Constitution is not just a
document ... legislative power. Article 19 of the Constitution
is an arch on which edifice, i.e., the basic structure has
been built and developed
favour of a tribunal with scarcely a check
on its composition and constitution.
The civil court's jurisdiction under Section 9 of the Civil ... independence of the
judiciary which is a part of the basic structure of the Constitution. If such
authority is allowed to be denuded by successive
clause (1) of article 30."
Article 15(5) of the Constitution of India was upheld by the
Apex Court in Indian Medical Council ... whereas
Clause 5 of Article 15 did not violate the basic structure of the Constitution.
Thereafter, a Constitution Bench of the Apex Court in
Paramati
Article 30 of the Constitution. Such classification has been held to be in accordance with the provisions of the Constitution. The exemption of minority educational ... Amendment) Act, 2005 , is valid and does not violate the basic structure of the Constitution so far as it relates to the State-maintained institutions
principles in Waryam Singh (supra) have been repeatedly followed by subsequent Constitution Benches and various other decisions of this Court.
(e) According to the ratio ... statute. It has been declared a part of the basic structure of the Constitution by the Constitution Bench of this Court in the case
