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Most. Prabhawati Kumari vs State And Ors on 2 September, 2019 Author: Amreshwar Pratap Sahi

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

judiciary. (5) Federal character of the Constitution." The aforesaid basic structure doctrine has since been followed till date in various decisions of the Apex ... seats. Election is being a concomitant of democracy and thus of basic structure doctrine cannot be allowed to be overshadowed by a comparatively inferior concept

judiciary is a basic feature of the Constitution. As a foundational principle which is comprised within the basic structure, it lies beyond the reach ... between the legislative function and judicial functions is enhanced by the basic structure doctrine. The legislature is constitutionally entrusted with the power to legislate. Courts

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

legislature enacting the statute or not. The doctrine of violation of the basic structure of the Constitution of India applies to a Constitutional Amendment ... amendment cannot destroy the basic structure of the Constitution. The doctrine of basic structure of the Constitution applies to a consideration of a Constitutional Amendment

2017. In response to the applicability of the 'basic structure' doctrine, it was submitted that the rules and regulations of AIADMK cannot

Constitution and therefore falling short to satisfy the test of basic structure doctrine, is sufficient to declare them ultra vires. Mr. Joshi has also argued

laid down in Nagaraj for judging whether a constitutional amendment violates basic structure have been expressly approved by a nine-Judge Bench of this Court ... decision, far from being clearly erroneous, correctly applies the basic structure doctrine to uphold constitutional amendments on certain conditions which are based upon the equality

rendered invalid by legislature which will be directly opposed to the basic structure doctrine. In other words, the Government has power only to remove