Mahmadhusen Abdulrahim Kalota Shaikh vs Union Of India & Ors on 21 October, 2008
Author
constituent power, Parliament can certainly, without in any way violating the basic structure doctrine, set up effective alternative institutional mechanisms or arrangements for judicial review ... institutional mechanism or authority, it would not be violative of the basic structure doctrine, so long as the essential condition is fulfilled, namely that
Society For Backlog Removal & vs The State Of Maharashtra & Ors on 1 March
which would be contrary to the basic structure theory.
25. As noticed hereinbefore, the basic feature doctrine is employed only when questions of constitutionality ... provisions of the Constitution come up for consideration. The basic structure doctrine has no relevance whatsoever for interpretation of a law declared by the Supreme
Constitution on the ground that it is violative of the basic structures doctrine. Clause (5) of Article 371D of the Constitution subjected the order ... specified service matters, the constitutional amendment would fall foul of the basic structure doctrine. Now it can hardly be disputed that the provision enacted
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
Most. Prabhawati Kumari vs State And Ors on 2 September, 2019
Author: Amreshwar Pratap Sahi
determine what constitutes the basic structure of the Constitution and whether an Act is in violation of the basic structure, every case ... several decisions of the Supreme Court elaborated upon the doctrine of basic structure particularly in the context of judicial review. These include:
( 1) Indira Nehru
Society For Backlog Removal & vs The State Of Maharashtra & Ors on 1 March
economically weaker sections violates the Equality Code and
thereby, the basic structure doctrine?
(c) As to whether reservation for economically weaker sections of
citizens ... exception to the general rule of
equality; and (iii) the doctrine of basic structure that defines and
limits the power of the Parliament to amend