basic
structure. The concept of a basic structure giving
coherence and durability to a Constitution has a certain
intrinsic force. This doctrine has essentially developed ... Parliament,
i.e. to form a part of the basic structure. The basic
structure concept accordingly limits the amending power
of the Parliament
Kuldip Nayar vs Union Of India & Ors on 22 August, 2006
Bench: K.G
democracy, which are considered to be part of the `basic
structure' doctrine.
2. The Constitution (Seventy-third) Amendment Act, 1992
[hereinafter `73rd Amendment ... equality, democracy and
fraternity, which are part of the `basic structure' doctrine. The
decision in I.R. Coelho v. State Tamil Nadu
Kuldip Nayar vs Union Of India & Ors on 22 August, 2006
Equivalent citations: AIR
Mahmadhusen Abdulrahim Kalota Shaikh vs Union Of India & Ors on 21 October, 2008
Author
basic
structure. The concept of a basic structure giving
coherence and durability to a Constitution has a certain
intrinsic force. This doctrine has essentially developed ... Parliament,
i.e. to form a part of the basic structure. The basic
structure concept accordingly limits the amending power
of the Parliament
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
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
violate the federal
structure of the Constitution is again misconceived as it
overlooks the basic fact that in a federal structure it
is the duty ... recognised in Special Reference No.1 (supra), even before
the basic structure doctrine came to be propounded in the
celebrated case of His Holiness Kesavananda
A.K.Behera vs Union Of India & Anr on 6 May, 2010
Author: J
