Kuldip Nayar vs Union Of India & Ors on 22 August, 2006
Bench: K.G
democracy, which are considered to be part of the `basic
structure' doctrine.
2. The Constitution (Seventy-third) Amendment Act, 1992
[hereinafter `73rd Amendment ... equality, democracy and
fraternity, which are part of the `basic structure' doctrine. The
decision in I.R. Coelho v. State Tamil Nadu
Kuldip Nayar vs Union Of India & Ors on 22 August, 2006
Equivalent citations: AIR
Mahmadhusen Abdulrahim Kalota Shaikh vs Union Of India & Ors on 21 October, 2008
Author
constituent power, Parliament can certainly, without in any way violating the basic structure doctrine, set up effective alternative institutional mechanisms or arrangements for judicial review ... institutional mechanism or authority, it would not be violative of the basic structure doctrine, so long as the essential condition is fulfilled, namely that
Society For Backlog Removal & vs The State Of Maharashtra & Ors on 1 March
which would be contrary to the basic structure theory.
25. As noticed hereinbefore, the basic feature doctrine is employed only when questions of constitutionality ... provisions of the Constitution come up for consideration. The basic structure doctrine has no relevance whatsoever for interpretation of a law declared by the Supreme
Constitution on the ground that it is violative of the basic structures doctrine. Clause (5) of Article 371D of the Constitution subjected the order ... specified service matters, the constitutional amendment would fall foul of the basic structure doctrine. Now it can hardly be disputed that the provision enacted
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
Most. Prabhawati Kumari vs State And Ors on 2 September, 2019
Author: Amreshwar Pratap Sahi