void since it damages the basic or essential features of
the Constitution and destroys its basic structure by a total exclusion of
challenge ... altogether a different footing and after the
evolution of the basic structure doctrine in Kesavananda Bharati (supra),
it will not be open to immunize legislation
doctrine of basic features has been explained by this
Court as under:
“The doctrine of basic structure contemplates that there are
certain parts or aspects ... Constitution. Exclusion of
fundamental rights would result in nullification of the basic
structure doctrine, the object of which is to protect basic
features
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
void since it damages the basic or essential
features of the Constitution and destroys its basic structure by a
7
total exclusion of challenge ... altogether a different footing and after the evolution of the basic
structure doctrine in Kesavananda Bharati (supra), it will not be
open to immunize legislation
doctrine of basic features has been explained by this
Court as under:
"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
Dr.Subramanian Swamy vs Director, Cbi & Anr on 6 May, 2014
Equivalent citations: AIR
Dr. Subramanian Swamy And Ors vs Raju Thr.Member Juvenile Justice ... on 28 March, 2014
J.Alex Ponseelan vs The Director General Of Police on 27 February, 2014
Author: R
Khajjan Singh And Others vs State Of Haryana And Others on 28 May, 2014
Author
Jal Mahal Resorts P.Ltd vs K.P.Sharma & Ors on 25 April, 2014
