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 ... order and to overpower the
battle for abolition of basic poverty by the basic structure
'misslle.
[889 E-H; 890A]
6.2 Right to property
were
under challenge on the ground that they violated the basic structure of
the Constitution. After referring to the arguments of counsel for both
sides ... part of the basic structure of the Constitution (See
paragraph 33). The working test in the matter of application of this
doctrine was then applied
Usha Bharti vs State Of U.P. & Ors on 28 March, 2014
Equivalent citations
accepted in view of a
very well known Constitutional Doctrine, namely,
the Constitutional doctrine of silence. Michael
Folley in his treaties on `The Silence ... constitutional jurisprudence
evolved out of this doctrine of silence. The
basic structure doctrine vis-`-vis Article 368
of the Constitution emerged out of this concept
Constitution. The above ratio was based on the doctrine of basic structure of the Constitution and it was held that as Article ... inalienable part of the basic structure of the Constitution. The doctrine of "basic structure", though not defined in, or delimited in any part
such as equality, democracy and fraternity, which are part of the basic
structure doctrine”.[17]
28. The decision in PUCL case was unfortunately not noticed
violative of the
doctrine of separation of powers and independence of the Judiciary which
are parts of the basic structure of the Constitution.
(iii) Article ... view that the Parliament can without in any way violating the
basic structure doctrine make effective alternative institutional mechanisms
or arrangements for judicial review
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
Rajiv Sarin & Anr vs State Of Uttarakhand & Ors on 9 August, 2011
Equivalent
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
