Basic
Structure ........................................................................................................................................... 102
EWS Reservation Not Availing to Certain Classes: Whether Violates Basic Structure
............................................................................................................................................................ 125
Breach of Fifty Per Cent. Ceiling of Reservations and Basic ... which destroys the basic structure and the other which enhances it -
then purposive approach enhancing the basic structure of the Constitution
is to be taken
Constitution constitute the
basic structure; that, basic structure is not found in a
particular Article of the Constitution; and except the
fundamental right to live ... context of the doctrine of basic
structure. The concept of a basic structure giving
coherence and durability to a Constitution has a certain
intrinsic force
structure of the Constitution. Reservation, except as provided under Article 16(4) of the Constitution, runs counter to this basic structure. The Parliament was, thus ... Constitution of India. According to him, equality before the law as provided under Articles 14 and 15 of the Constitution of India are basic structure
Constitution constitute the
basic structure; that, basic structure is not found in a
particular Article of the Constitution; and except the
fundamental right to live ... context of the doctrine of basic
structure. The concept of a basic structure giving
coherence and durability to a Constitution has a certain
intrinsic force
A.K.Behera vs Union Of India & Anr on 6 May, 2010
Author: J
basic structure of the Constitution? if so,
can the 103rd Constitution Amendment be said to breach the basic
structure of the Constitution ... mainstream of society and,
therefore, reservation structured singularly on economic criteria violates
the basic structure of the Constitution of India?
(b) As to whether
basic to our
constitution. In Keshavananda Bharati v. State of Kerala ,
it was ruled that even constitutional amendments which
offended the basic structure ... ultra vires the basic structure. Sikri, CJ. laid stress on the
basic features enumerated in the preamble to the
Constitution and said that there were
basic to our
constitution. In Keshavananda Bharati v. State of Kerala ,
it was ruled that even constitutional amendments which
offended the basic structure ... ultra vires the basic structure. Sikri, CJ. laid stress on the
basic features enumerated in the preamble to the
Constitution and said that there were
violation of
fundamental rights nor violation of the
principles of basic structure of the
Constitution.
(vi) For non-action on the part of State
Government ... Welfare
State concepts which constitute the backbone of the Indian Constitution and
basic structure of the Constitution. For effective adjudication to a cause of
action
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