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
separation
of powers, the nine-Judge Bench referred to the basic structure
doctrine laid down in Kesavananda Bharati (supra) by the
majority and the reiteration ... separation of powers is part of the basic structure of
the Constitution. Even before the basic structure
doctrine became part of constitutional law, the
importance
last part of
Rule 9(2) subverts and destroys the basic objectives of
the preceding rules. It vests in the Government an
arbitrary power ... Constitution Bench of this Court.
Applying the newly evolved basic structure doctrine laid down
in Kesavananda Bharati v. State of Kerala
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
doctrine of basic features has
been explained by this Court as under: (SCC p. 108, para 141)
"141. The doctrine of basic structure contemplates ... Constitution. Exclusion of fundamental
rights would result in nullification of the basic
structure doctrine, the object of which is to protect
basic features
doctrine of basic features has been
explained by this Court as under: (SCC p. 108, para 141)
"141. The doctrine of basic structure contemplates ... Constitution.
Exclusion of fundamental rights would result in nullification of the basic
structure doctrine, the object of which is to protect basic features
doctrine of basic features has
been explained by this Court as under: (SCC p. 108, para 141)
"141. The doctrine of basic structure contemplates ... Constitution. Exclusion of fundamental
rights would result in nullification of the basic structure
doctrine, the object of which is to protect basic features
doctrine of basic features has
been explained by this Court as under:
"14.1 The doctrine of basic structure contemplates that there are
certain parts ... Constitution. Exclusion of fundamental rights
would result in nullification of the basic structure doctrine, the
object of which is to protect basic features
Court was whether on or after 24-4-
1973 when the basic structure doctrine was propounded, is it permissible for
Parliament under Article
fundamental right under article 14 and 21
and also abrogation of basic structure (doctrine of basic
structure) which are inviolable by any authority
