determine what constitutes the basic structure of the Constitution and whether an Act is in violation of the basic structure, every case ... several decisions of the Supreme Court elaborated upon the doctrine of basic structure particularly in the context of judicial review. These include:
( 1) Indira Nehru
Society For Backlog Removal & vs The State Of Maharashtra & Ors on 1 March
economically weaker sections violates the Equality Code and
thereby, the basic structure doctrine?
(c) As to whether reservation for economically weaker sections of
citizens ... exception to the general rule of
equality; and (iii) the doctrine of basic structure that defines and
limits the power of the Parliament to amend
Kesavananda Bharati's case: AIR 1973 SC 1471 when the basic
structure doctrine was pronounced, it was permissible for the
Parliament under Article ... 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
exercised by Parliament
under Article 368 is not compatible with the basic structure doctrine
and, therefore, the laws that are included in the Ninth Schedule ... basic structure of the Constitution. This Court being bound
by all the provisions of the Constitution and also by the basic structure
doctrine has necessarily
provisions that changes Basic Structure of the
Constitution, is void like a law that offends the Constitution.
21. Basic Structure doctrine , laid down by Constitutional ... constitute basic Structure of the Constitution
and therefore not amendable in exercise of amending power
provided under the Constitution.
22. Basic structure doctrine would
Ninety-Third Amendment
is against the basic structure of the Constitution. It was argued that
the Doctrine of Equality is adversely affected by giving ... Constitution (Ninety-Third Amendment) Act, 2005 is violative
of the basic structure as it breaches the central character of the
Constitution by placing the minority
void since it damages the basic or essential features of
the Constitution and destroys its basic structure by a total exclusion of
challenge ... altogether a different footing and after the
evolution of the basic structure doctrine in Kesavananda Bharati (supra),
it will not be open to immunize legislation
Manoj Narula vs Union Of India on 27 August, 2014
Bench: Dipak Misra , Madan B
Dhillon, [1972] 2 SCR
33 referred to.
(c) Whenever the doctrine of basic structure has been
expounded or applied it is only as a doctrine ... Constitution differed. This is the correct interpretation
of the doctrine of the basic structure of the Constitution.
It should only be applied
