discretion. As such, the amendments are violative of the basic
structure doctrine and hence, liable to be struck down.
10. The learned Senior Counsel ... theory of basic
structures or basic features is an exercise in
imponderables. Basic structures or basic features are
indefinable. The legislative entries are the fields
discretion. As such, the amendments are violative of the basic
structure doctrine and hence, liable to be struck down.
10. The learned Senior Counsel ... theory of basic
structures or basic features is an exercise in
imponderables. Basic structures or basic features are
indefinable. The legislative entries are the fields
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
accepted in view of a very well-
known constitutional doctrine, namely, the constitutional
doctrine of silence. Michael Foley in his treatise 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
hands off approach, has been diluted after
the exposition of the basic structure doctrine in the celebrated
judgment in Kesavananda Bharathi Sripadgalvaru v. State
hands off approach, has been diluted after
the exposition of the basic structure doctrine in the celebrated
judgment in Kesavananda Bharathi Sripadgalvaru v. State
hands off approach, has been diluted after
the exposition of the basic structure doctrine in the celebrated
judgment in Kesavananda Bharathi Sripadgalvaru v. State
hands off approach, has been diluted after
the exposition of the basic structure doctrine in the celebrated
judgment in Kesavananda Bharathi Sripadgalvaru v. State
hands off approach, has been diluted after
the exposition of the basic structure doctrine in the celebrated
judgment in Kesavananda Bharathi Sripadgalvaru v. State
