damage the basic structure if the fundamental right
or rights taken away or abrogated pertains or pertain to the basic
structure.
[iv] Justification for
conferring ... basic
structures of the Constitution, viz. the principles of federalism has
been affected. There is no dispute that federalism is one of the
basic structure
rights guaranteed by Part III
of the Constitution may violate the basic structure doctrine or it
may not. If former is the consequence ... damage
the basic structure if the fundamental right or rights taken away or
abrogated pertains or pertain to the basic structure.
(iv) Justification for conferring
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
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.
Page 4 of 51
HC-NIC Page 4 of 51 Created
constitutional
jurisprudence evolved out of this
doctrine of silence. The basic
structure doctrine visà vis Article
368 of the Constitution emerged out
of this
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
ultra vires the Constitution and/or
violative of the Doctrine of Basic Structure
Doctrine; (Annexure-C)
e) Be pleased to declare Section
Bhanumati
(supra) has dealt with this aspect, terming it to be
constitutional doctrine of silence. Para 51 thereof reads as
under.
Page ... constitutional
jurisprudence evolved out of this doctrine of silence.
The basic structure doctrine vis-a-vis Article 368 of
the Constitution emerged out of this
this
country. Rule of law is a basic feature of
our constitution, it is a doctrine basic
structure. Rule of law affirm supremacy of
court
