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
power of Parliament since they damage the basic or essential
features of the Constitution or its basic structure. The
decision in Minerva Mills ... void since
it damages the basic or essential features
of the Constitution and destroys its basic
structure by a total exclusion of challenge
power of Parliament since they damage the basic or essential
features of the Constitution or its basic structure. The
decision in Minerva Mills ... void since
it damages the basic or essential features
of the Constitution and destroys its basic
structure by a total exclusion of challenge
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
537B]
1.04. Turning to basic structure, the proper test for
determining basic feature is to find out what are not basic
features. Rights arising ... basic
structure. Nor would it mean the same as the basic
structure. 1559G-H]
1.07. To determine whether these provisions constitute
basic struc-
488
ture
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
Testing the validity of a statute for violation of the basic structure of the
Constitution ....................................................................................................34
c. Regulation of minority educational institutions ... Constitution. 46 It was
held that the power of Parliament to amend the Constitution cannot have the
effect of destroying or abrogating the basic structure
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
conferred on the Legislatures; and (b)
These provisions violate the basic structure of the Constitution insofar as
they take away the power of judicial review ... Tribunals and Courts situated within their territorial jurisdiction,
violate the basic structure of the constitution, and (vi) In view of the
afore-stated propositions
