Constitution of India, consequently it hits basic structure of the Constitution.
4. Mr. Samaraditya Pal, learned senior Advocate, appearing for the writ petitioners has amplified ... that the provision of Section 9 is violative of the basic structure of the Constitution and in List-II of the 7th Schedule there
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
Court as a
violation of the essential characteristics of the basic structure of the
Constitution, which is a limitation even on the power of Parliament ... review, therefore, is a basic and
essential feature of the Constitution and it cannot be abrogated without
affecting the basic structure of the Constitution
Constitution. The judgment also
declares section 9 of the said Act as ultra vires the Constitution and
violative of the basic structure of the Constitution ... Constitution of India and
consequently violates the basic structure of the Constitution.
The learned single Judge of the High Court negatived the first
contention
constitution or to destroy its basic structure. The
identification of features which constitute the basic structure of our Constitution
has been subject matter of great ... Article 32 of the constitution is an integral and essential
feature of the Constitution, constituting part of its basic structure.
It has also been held
unquestionably, to my mind, part of the basic structure of the Constitution. Of course, when I say this I should not be taken to suggest ... judicial review is a basic and essential feature of the Constitution and it cannot be abrogated without affecting the basic structure of the Constitution
power of judicial review under
Article 226 and 227 of the Constitution of India was retained
but counsel conceded that exercise thereof would ... Constitution was recognized to
be a part of the basic structure of the Constitution, counsel
urged that the legislative intent to create an Armed Force
point out that Article 226/227 form part of the basic structure of the Constitution and when the power of judicial review and superintendence ... Article 32 of the Constitution is an integral and essential feature of the Constitution, constituting part of its basic structure. Ordinarily, therefore, the power
ULTRA VIRES THE CONSTITUTION AND AGAINST BASIC
STRUCTURE OF THE CONSTITUTION AND ALSO ULTRAVIRES
PROVISIONS OF THE FOREST CONSERVATION ACT, 1980 AND
THE RULES ... ULTRA VIRES THE CONSTITUTION AND AGAINST BASIC
STRUCTURE OF THE CONSTITUTION AND ALSO ULTRAVIRES
PROVISIONS OF THE FOREST CONSERVATION ACT, 1980 AND
THE RULES
from the limitation of unamendability of the basic structure would be violative of the basic structure and hence outside the amendatory power of Parliament ... judicial review is a basic and essential feature of the Constitution and it cannot be abrogated without affecting the
basic structure of the Constitution
