whether the exclusion of judicial review was
compatible with the doctrine of basic structure. It was held in paragraphs
135 and 136 as follows :
?Exclusion ... Judicial review if compatible with the doctrine of basic
structure ? concept of judicial review :
135. Judicial review is justified by combination of 'the principle
A.K.Behera vs Union Of India & Anr on 6 May, 2010
Author: J
review on State Government, was held to be
violative of the basic structure doctrine by stating that
rule of law would be meaningless if State
Bhartis case would have
to be tested by reference to the basic structure doctrine,
for Parliament would then have no excuse for saying that ... constitutional validity would have to be considered by
reference to the basic structure doctrine and such
constitutional amendment would be liable to be declared
invalid
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
last part of
Rule 9(2) subverts and destroys the basic objectives of
the preceding rules. It vests in the Government an
arbitrary power ... Constitution Bench of this Court.
Applying the newly evolved basic structure doctrine laid down
in Kesavananda Bharati v. State of Kerala
effect. This Court held that it is a basic principle of the rule of law that the exercise of power by the executive ... clause (5) of Article 371-D was, therefore, violative of the basic structure doctrine.
The principle which emerges from these authorities is that the legislature
Forty-sixth amendment is also violative of the concept of basic structure doctrine. Though article 286 has been amended, till date the Parliament does
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
judiciary.
(5) Federal character of the Constitution."
The aforesaid basic structure doctrine has since been
followed till date in various decisions of the Apex ... seats. Election
is being a concomitant of democracy and thus of basic structure
doctrine cannot be allowed to be overshadowed by a comparatively
inferior concept
