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
been put under the following headings:-
A. Violative of the Basic Structure of the Constitution:-
It is argued by the petitioners that the Amending ... Article 32 of the Constitution is an integral and essential feature of the Constitution, constituting part of its basic structure. Ordinarily, therefore, the power
basic structure, the structure's identity remains. The legislation has to be upheld. It if abrogates the basic structure, the structure and thus ... with reference to the basic structure, reservation for SEBCs also does not abrogate or abridge the basic structure of the Constitution as has been settled
part of the basic structure insofar as legislative elections are concerned. The theory of basic structure had to be considered in each individual case ... Article 32 of the Constitution is an integral and essential feature of the Constitution, constituting part of its basic structure. Ordinarily, therefore, the power
State" within the meaning of Article 12 of the Constitution, admittedly a writ petition under Article 226 would lie against such a person ... necessary to refer to those judgments as that is the basic principle of judicial review of an action under the administrative law. The reason
Union of India , that judicial review is a basic and essential feature of the Constitution and no law passed by Parliament in exercise ... review, therefore, is a basic and essential feature of the Constitution and it cannot be abrogated without affecting the basic structure of the Constitution
facet of Article 14 , is part of the basic structure of the Constitution. The position emerging from Kesavananda Bharati [(1973) 4 SCC 225 : 1973 Supp ... ultra vires the basic structure. Sikri, C.J. laid stress on the basic features enumerated in the preamble to the Constitution and said that there
character of the Constitution, separation of powers between legislature, the executive and judiciary, federal character of the Constitution. The above basic structure is build ... These are the basic pillars of our constitutional philosophy and therefore, the basic structure of the Constitution. In the case of Jacob M. Puthuparambil
conscience.
17. That the power of judicial review is a basic structure of constitution is a concept which is no longer in issue ... Commission. Holding periodic, free and fair elections are part pf basic structure of our Constitution. Fixing schedule for elections either for the House
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
