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
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
Part III of the Constitution and with reference to the basic structure doctrine, which includes reference under Article 21 read with Articles ... most important aspects of the doctrine of basic structure. Rule of law affirms parliament's supremacy while at the same time denying it sovereignty
whether a particular facet of the Constitution is part of the basic structure and in order to examine the same, it is in each individual ... basic structure of the Constitution, we must first attempt to understand what constitutes the basic structure of the Constitution. The doctrine of basic structure
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
issue of denial of such remedies resulting in hitting the basic structure of the Constitution. This issue now in the wake of decisions that have ... writ petition. The dimensions that seek to touch not only the basic structure doctrine but also the fundamental rights guaranteed under Article
mechanism or arrangement for judicial review would be violative of the basic structure doctrine and hence outside the constitutent power of Parliament
basic structure. Therefore, it follows that in considering whether any particular feature of the Constitution is part of the basic structure - rule of law, separation ... 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
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