Constitution.
ii) Whether by inserting Article 21A of the Constitution by the
Constitution (Eighty-Sixth Amendment) Act, 2002 , Parliament has
altered the basic structure ... Constitution. Mr. Rohatgi submitted that Article 19(1)(g) of the
Constitution is, therefore, a basic feature of the Constitution and this
basic feature
pronounced with asseveration that democracy is the basic
and fundamental structure of the Constitution. There is no shadow of doubt
that democracy in India ... that democracy and free elections are a part
of the basic structure of the Constitution and, thereafter, proceeded to
lay down that democracy being
ground that they do not violate the
basic structure of the Constitution. According to him, since equality is
part of the basic structure, and Nagaraj ... were
under challenge on the ground that they violated the basic structure of
the Constitution. After referring to the arguments of counsel for both
sides
Constitution and on the High Courts under Articles 226 and 227 of the Constitution is a 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
Shri Anur Kumar Jain vs Central Bureau Of Investigation on 29 March, 2011
Author: Manmohan
been held that parliamentary democracy is a part of the basic structure of the
Constitution.
26. In Gujarat Assembly Election Matter ... doubt true that democracy is a part of the
basic structure of the Constitution and periodical, free
and fair election is the substratum of democracy
except that of Supreme Court under Article 136 , altered the basic structure of the Constitution taking away the power of judicial review conferred upon ... Constitution is a part of the inviolable basic structure of our Constitution. While this jurisdiction cannot be ousted, other Courts and Tribunals may perform
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
till the suitable law is
enacted; that one of the basic structures of our Constitution is
"republican and democratic form of government and, therefore ... participation of people.
56. Free and fair election is a basic structure of the Constitution and
necessarily includes within its ambit the right
impugned
amendment and is, therefore, violative of the basic
structure of the Constitution. The said ... fundamental right of equality which is
part of the basic structure of the Constitution. The
petitioners say that the equality in the context of
Article
