when the purpose of the Act, is to provide basic amenity of electricity to the public at large and if every objection/resistance is entertained ... Constitution of India, such right necessarily yield Article 14 of the Constitution of India, which strives to achieve the basic structure of the Constitution
referred in clause (1) of
Article 30 of the Constitution is ultra vires the
Constitution. We are thus of the view that the majority
judgment ... Constitution and the Constitution
(Eighty-Sixth Amendment) Act, 2002 inserting Article
21A of the Constitution do not alter the basic structure
17
or framework
this
country. Rule of law is a basic feature of
our constitution, it is a doctrine basic
structure. Rule of law affirm supremacy of
court ... Application"
system, instead of Registering FIR is
dangerous to constitution, CRPC, 154 and
also for the rule of the law. Such disobey
cannot
Waryam Singh (AIR 1954 SC 215) have been
repeatedly followed by subsequent Constitution Benches and various
other decisions of this Court.
(e) According ... statute. It has been declared a part of the
basic structure of the Constitution by the Constitution Bench of this Court
in L. Chandra Kumar
when the purpose of the Act, is to provide basic amenity of electricity to the public at large and if every objection/resistance is entertained ... Constitution of India, such right necessarily yield Article 14 of the Constitution of India, which strives to achieve the basic structure of the Constitution
Constitution Bench of this Court in Waryam
Singh (supra) and the principles in Waryam Singh
8
(supra) have been repeatedly followed by subsequent
Constitution Benches ... statute. It has been
declared a part of the basic structure of the Constitution
by the Constitution Bench of this Court in the case
specified Act.
The aforesaid proposition can further be fortified from
a Constitution Bench decision of the Supreme Court
rendered in case of L. Chandra Kumar ... Constitution is a part of the inviolable basic
structure of our Constitution. While this
jurisdiction cannot be ousted, other courts and
Tribunals may perform
also forms part of the basic
Page 16 of 36
C/AO/312/2008 CAV JUDGMENT
structure of the Constitution, since there is gender based
public employment is a basic feature of the
Constitution.
High Court acting under Art.226 of
the Constitution, should not ordinarily issue
direction for absorption ... Constitution of India form part of the basic structure of the
Constitution inasmuch as these constitutional provisions
aim at ensuring that public employment is given
principles in Waryam Singh
8
(supra) have been repeatedly followed by subsequent
Constitution Benches and various other decisions of this
Court.
(e) According ... statute. It has been
declared a part of the basic structure of the Constitution
by the Constitution Bench of this Court in the case
