Constitution.
ii) Whether by inserting Article 21A of the Constitution by the
Constitution (Eighty-Sixth Amendment) Act, 2002 , Parliament has
altered the basic structure ... Constitution. Mr. Rohatgi submitted that Article 19(1)(g) of the
Constitution is, therefore, a basic feature of the Constitution and this
basic feature
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
Constitution.
(ii) Whether by inserting Article 21A of the Constitution by the
Constitution (Eighty-Sixth Amendment) Act, 2002 ,
Parliament has altered the basic structure ... Constitution. Mr.
Rohatgi submitted that Article 19(1)(g) of the Constitution is,
therefore, a basic feature of the Constitution and this basic feature
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
been assailed, by asserting, that the same violates the basic
structure of the Constitution of India (hereinafter referred to as, the
Constitution), by impinging ... rule of law, and judicial
review, constitute amongst others, the basic structure of the Constitution.
Article 323B inserted by the Constitution (Forty-second Amendment
pronounced with asseveration that democracy is the basic
and fundamental structure of the Constitution. There is no shadow of doubt
that democracy in India ... that democracy and free elections are a part
of the basic structure of the Constitution and, thereafter, proceeded to
lay down that democracy being
Constitution, and (2) it must not
offend against the provisions of Articles 13(1) and (2) of the
Constitution. 'Basic structure ... para 179)
"179. Democracy is a part of the basic structure of our Constitution; and
rule of law, and free and fair elections
Tribunals within their respective jurisdictions
is also part of the basic structure of The Constitution.? As a consequence of
the aforesaid conclusion, the Larger Bench ... basic structure. It was held in paragraphs
135 and 136 as follows :
?Exclusion of Judicial review if compatible with the doctrine of basic
structure ? concept
power between the
legislature and executive forms part of the basic structure of the
Constitution of India and any attempt by the executives to legislate ... authority under the law would tantamount to
violation of the basic structure of the Constitution of India. That power
to legislate is enshrined under Article
that the PMA was void as being
violative of the basic structure of the constitution of India.
15. The learned counsel for KPT contended ... this Court since
the issues raised related to the basic structure of the Constitution of India
and the amount involved in the matter was large
