special emphasis on the rights of an individual, that the basic structure of the Constitution is the protection of the individual's right ... Constitution on the grounds that the impugned Act offends Articles 14 and 19 of the Constitution which constitute the basic structure or essential features
Constitution. As regards the 'basic feature' of the Constitution, Mathew, J., observed:
"This Constitution has a basic structure comprising the three organs ... Constitution, it is to be noticed that Art. 329 of the Constitution is part and parcel of the original Constitution and formed basic structure
Article 226 of the Constitution, is an
integral and essential feature of the Constitution, constituting part
of its basic structure. (L. Chandra Kumar3). The power ... Constitution; and the jurisdiction conferred upon the High
Courts, under Articles 226/227 of the Constitution, is a part of the
inviolable basic structure
Tribunals Act encroach upon the independence of judiciary violating the basic structure of the Constitution of India and as such, they arc unconstitutional ... Constitution and of the Supreme Court under Article 32 of the Constitution is the basic structure of the Constitution of India and is invoilablc
371D of the Constitution of India is violative of the basic structure of the Constitution or alternatively to declare that the non-exclusion ... petitioner that Article 371D is violative of the basic structure of the Constitution.
12. The historical background in which
this Article came to be enacted
judicial review being a basic and essential feature of the Constitution, it cannot be abrogated without affecting the basic structure of the Constitution. But their ... violative of the doctrine of basic structure. The Constitutional amendment falls under the basic structure of the Constitution and the proviso to clause
Article 32 of the Constitution, was an integral and essential feature of the Constitution, constituting part of its basic structure and that ordinarily the power ... Tribunals, within their respective jurisdiction, was also part of the basic structure of the Constitution and that a situation where the High Courts are divested
Constitution in
the same position. The true position is that a provision of the Constitution
can be amended abridged provided basic structure of the Constitution ... challenged only on the ground if the same violates basic structure of
Constitution. Any supreme legislation can be challenged on the ground of
legislative competency
basic structure of the Constitution could not be altered by any constitution amendment. They held in unambiguous terms that one of the basic features ... void and unconstitutional since it was viola-tive of the basic structure of the Constitution and beyond the amending power of the Parliament. Bhagawati
unconstitutional since it destroys the basic structure of the Constitution; the Constitution vests judicial power of the State in the Supreme Court and the High ... interference with that power would amount to destroying the basic and essential feature of the Constitution.
13. The rule in Sampath Kumar 's case
