phrase as Basic structure or Basic framework of the Constitution. Each learned Judge enumerated illustrations of the basic structure or basic framework of the Constitution ... favour of the limited power of amendment upon basic structure or basic features doctrine has rendered a sum-
mary of his findings. In paragraph
question ................................................................................... 36
Points for Determination ................................................................................................................ 44
Relevant Constitutional Provisions ............................................................................................ 45
Doctrine of Basic Structure and Constitutional Amendments ............................................ 54
Expanding Doctrine of ‘Equality’ ................................................................................................. 85
Affirmative Action ... Whether Economic Criteria as Sole Basis for Affirmative Action Violates Basic
Structure ........................................................................................................................................... 102
EWS Reservation Not Availing to Certain Classes: Whether Violates Basic Structure
damage the basic
structure if the fundamental right or rights taken away or
abrogated pertains or pertain to the basic structure.
(iv) (iv) Justification ... damage the basic structure if the fundamental
right or rights taken away or abrogated pertains or pertain to the basic
structure.
xxxx xxxx xxxx xxxx
Kadam, referred to the following judgments with regard to the "Basic Structure Doctrine"-
The learned Advocate General Mr. Ravi Kadam referred ... following judgments with regard to "Basic Structure Doctrine":
1. R.C. Poudyal v. Union of India (1994) Supp (1) SCC 324. The Constitutional
Anjum Kadari vs Union Of India on 5 November, 2024
Author: Dhananjaya Y Chandrachud
Bench
discretion. As such, the amendments are violative of the basic
structure doctrine and hence, liable to be struck down.
10. The learned Senior Counsel ... theory of basic
structures or basic features is an exercise in
imponderables. Basic structures or basic features are
indefinable. The legislative entries are the fields
discretion. As such, the amendments are violative of the basic
structure doctrine and hence, liable to be struck down.
10. The learned Senior Counsel ... theory of basic
structures or basic features is an exercise in
imponderables. Basic structures or basic features are
indefinable. The legislative entries are the fields
basic structure.
16. In the case of M. Nagaraj (supra), the Constitution Bench observed
that while dealing with the issue of basic structure, the axioms ... inviolable part of the basic structure.
79.7. Mere violation of the rule of equality does not violate the basic structure
of the Constitution unless
basic
structure. The concept of a basic structure giving
coherence and durability to a Constitution has a certain
intrinsic force. This doctrine has essentially developed ... Parliament,
i.e. to form a part of the basic structure. The basic
structure concept accordingly limits the amending power
of the Parliament
Minerva Mills Ltd. & Ors vs Union Of India & Ors on 31 July, 1980
