Parliament
since they damage the basic or essential features of
the Constitution or its basic structure.
Consequently, all such amendments to the Constitution
made ... basic
feature of the Constitution, namely, judicial review.
Similarly, according to the learned counsel, the
Constitution (Thirty-fourth Amendment) Act, 1974
violated the basic structure
which are subservient to the Constitution, to ensure that
the federal structure embodied in the Constitution as a
basic principle, is not disturbed by permitting ... 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
A.K.Behera vs Union Of India & Anr on 6 May, 2010
Author: J
which are subservient to the Constitution, to ensure that
the federal structure embodied in the Constitution as a
basic principle, is not disturbed by permitting ... 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
independence of the Judiciary which
are parts of the basic structure of the Constitution.
(iii) Article 323B of the Constitution enables the appropriate Legislature ... independence of Judiciary which are parts of
the basic structure of the Constitution. MBA also contends that the decisions
1
of this Court in Union
valid
elections, can be called to be the 'basic structure of the Constitution of
India'. Democratic Government is what we have assured ... democratic elections and the democracy being a part of the basic
structure of our Constitution, the question involved herein gains all the
more importance
Constitution of J & K was
itself violative of the Basic Structure of the
Constitution of India as applicable to the State
of Jammu ... perception of what the
Basic Structure is. It is hazardous to define
what is the Basic Structure of the Constitution
as what is basic does
Constitution of J & K was
itself violative of the Basic Structure of the
Constitution of India as applicable to the State
of Jammu ... perception of what the
Basic Structure is. It is hazardous to define
what is the Basic Structure of the Constitution
as what is basic does
their
locus standi, the appellants referred to the
decision of the Constitution Bench of this Court
in the case of L. Chandra Kumar v. Union ... Constitution and of
this Court under Article 32 of the Constitution
is a part of the basic structure of our
Constitution (See paragraphs
Constitution. We may state that Amending Act 2 of
1974 has been included as Item No. 71 in the Ninth
Schedule to the Constitution ... before the Constitution Bench of this Court on the ground
that Thirty-fourth Amendment to the Constitution violated
3
the basic structure of the Constitution
