Constitution, that power
cannot be exercised so as to damage the basic features of
the Constitution or so as to destroy its basic structure.
Opining ... from the limitation of
unamendability of the basic structure would be violative of
the basic structure and, hence, outside the amendatory power
of Parliament. [285E
Constitution (Forty Second
Amendment) Act does not damage any of the basic or essential
features of the Constitution or its basic structure. Once ... Constitution (42 Amendment)
Act does not damage any of the basic or essential features
of the Constitution or its basic structure.
(4) All the Writ
Constitution, that power cannot be exercised so as to damage the basic features of the Constitution or so as to destroy its basic structure ... basic objectives of the Constitution. Accordingly, every provision of the Constitution was open to amendment provided the basic foundation or structure of the Constitution
they destroyed certain basic features of the Constitution like judicial review and a limited amending power, and thereby damaged its basic structure. The majority also ... Constitution (First Amendment) Act, 1951 which introduced Article 31A into the Constitution damages or destroys the basic structure of the Constitution.
18. In the work
Constitution of India, 1950 Articles 31 and 300 -A-
Basic structure of the Constitution, thereby applicability
of-Whether right to property is a part ... basic
structure even his right to develop is not the basic
structure of India for ever. The whole adventure of the
Constitution is to remove
Parliament since they damage the basic or essential features of the Constitution or its basic structure. We do not pronounce upon the validity of such ... Constitution (42nd Amendment) Act does not damage any of the basic or essential features of the Constitution or its basic structure.
Since the impugned
grounds.
First, it destroys or damages the basic features or basic structure of the
Constitution. Reliance is placed in support of the contention ... essential feature of
basic structure because of the doctrine of separation of powers for these
reasons : Judicial review is basic structure in the matter
executive and the legislature, which is a part of
the basic structure of the Constitution; and
(i) Articles 14 , 19 and 21 of the Constitution ... separation of powers, which is a part
of the basic structure of the Constitution, shall have been
violated. An additional limb of the argument
serve that end could not be
contrary to the basic structure or scheme of the
Constitution. [24 B]
(3) Article 356(1) of the Constitution ... refrained from expressing any
opinion regarding the theory of the basic
structure of the Constitution as the question
according to his Lordship did not actually
form
a part of or to flow from the basic structure of the
Constitution, can rise here. Nor is it possible to so read
down ... assessments or
inferences as to what was part of the basic structure in the
Constitution differed. This is the correct interpretation
of the doctrine
