whether the exclusion of judicial review was
compatible with the doctrine of basic structure. It was held in paragraphs
135 and 136 as follows :
?Exclusion ... Judicial review if compatible with the doctrine of basic
structure ? concept of judicial review :
135. Judicial review is justified by combination of 'the principle
referring to; Art.254 which could be invoked, it was held:
...The doctrine of occupied field" does not totally deprive the State Legislature from ... Part III of the Constitution? and (4) whether it offends the basic structure of the Constitution;
30, In the decision reported in Nand
destroy the very identity or framework
of the Constitution. This basic structure doctrine is considered
as the most important and valuable contribution to
constitutional jurisprudence
rendered invalid by legislature which
will be directly opposed to the basic structure doctrine. In other words,
the Government has power only to remove
Pramod Kumar vs Union Of India on 29 April, 2013
Author: R.Banumathi
Bench: R
States, the 97th Amendment of Constitution falls foul of the
Basic structure doctrine as laid down in Kesavananda Bharati Vs. State of
Kerala and Another24
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
amendment we have to be guided by the
impact test. The basic structure doctrine requires the State to justify the degree of
invasion of fundamental ... fictional basis, without
full judicial review, will nullify the entire basic structure doctrine. The golden
triangle referred to above is the basic feature
Sampath Kumar decision and the Supreme Court reiterated not only the basic structure doctrine, but also the fact that if an alternative institutional mechanism
