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 ... arrangement for judicial
review, it would be violative of the basic structure
doctrine and hence outside the constituent power of
Parliament. It must, therefore
Sakinala Hari Nath And Ors. vs State Of Andhra Pradesh And Ors. on 26 October
paralysation of
parliamentary function. Nor can the constitutional fascination for the
basic structure doctrine be made a Trojan horse to penetrate the entire
legislative camp ... overpower the
battle for abolition of basic poverty by the &'basic structure&' missile.
Which is more basic ? Eradication of die-hard
damage the basic structure if the fundamental right
or rights taken away or abrogated pertains or pertain to the basic
structure.
[iv] Justification for
conferring ... basic
structures of the Constitution, viz. the principles of federalism has
been affected. There is no dispute that federalism is one of the
basic structure
rule of law which is clearly a basic and essential feature of the Constitution. It is a basic principle of the rule of law that ... Article 37 l(d) is therefore clearly violative of the basic structure doctrine."
We hasten to add that even though the decision
Article 329(a) and examined
whether the same will breach the basic structure doctrine in Kesavananda
Bharathi's case ... certain limited areas, though it is considered to be the basic
structure of the Constitution. Reliance was also placed on the later decision
that
abrogates or abridges such rights would be violative of the
basic structure doctrine. The actual effect and impact of
the law on the rights ... taken into account in determining whether or not it
destroys the basic structure.
(ii) Article 21 of the Constitution in its broad perspective
seeks
Rabia @ Mamta & Anr vs Nct Of Delhi & Ors on 3 December, 2015
Author
that abrogates or abridges such
rights would be violative of the basic structure doctrine.
The actual effect and impact of the law on the rights ... taken into account
in determining whether or not it destroys the basic
structure.
(ii) Article 21 of the Constitution in its broad
perspective seeks
mechanism or authority, it would not be violative of the basic
structure of doctrine, so long as the essential condition is fulfilled, namely, that ... part of the basic structure of the Constitution.
The doctrine of basic structure was evolved in Kesavananda Bharati
case. In Kesavananda Bharati case a thirteen
