Dr.C.V.Vijaya Lakshmi, vs Union Of India on 21 March, 2022
Author: Satish
India envisages the concept of social justice which is a Basic Structure Doctrine of our constitution. The concept of social justice is not uni-dimensional ... itself, political and social spheres. Right to legal redressal is also a Basic Structive Doctrine of the constitution.
18. It is often said that justice
High Courts by the Founding Fathers of the Constitution was "basic structure of the Constitution" and was, therefore, outside the constituent power ... been inserted in the Constitution as it was
ultra vires 'basic structure doctrine' enunciated by the Apex Court.
33. Negativing the contention
consistent 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
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
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
Supreme Court
and High Courts would be ultra vires as contravening basic structure doctrine.
This is, however, not to suggest that the Court exercising judicial
legislature enacting the statute or not. The doctrine of
violation of the basic structure of the Constitution of India
applies to a Constitutional Amendment ... amendment cannot
destroy the basic structure of the Constitution. The doctrine of
basic structure of the Constitution applies to a consideration
of a Constitutional Amendment
2017. In response
to the applicability of the 'basic structure' doctrine, it was submitted
that the rules and regulations of AIADMK cannot
Constitution
and therefore falling short to satisfy the test of basic structure
doctrine, is sufficient to declare them ultra vires. Mr. Joshi has
also argued