appearing on behalf of some
of the respondents, argued that the basic structure doctrine is
inapplicable, the original constitutional text must not be employed ... amendments post1973 can be struck down if they violate the basic
structure doctrine and not the original text of the Constitution. The
nonobstante
case of the petitioners that the
impugned Amendment Act violates the basic structure doctrine with
particular reference to right to equality, as such, it constitutes ... fold test for testing the validity of fundamental right under the basic
structure doctrine is to consider whether (a) identity and (b) width of
fundamental
question ................................................................................... 36
Points for Determination ................................................................................................................ 44
Relevant Constitutional Provisions ............................................................................................ 45
Doctrine of Basic Structure and Constitutional Amendments ............................................ 54
Expanding Doctrine of ‘Equality’ ................................................................................................. 85
Affirmative Action ... Whether Economic Criteria as Sole Basis for Affirmative Action Violates Basic
Structure ........................................................................................................................................... 102
EWS Reservation Not Availing to Certain Classes: Whether Violates Basic Structure
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
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
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
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
A.K.Behera vs Union Of India & Anr on 6 May, 2010
Author: J
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
Avtar Singh Kalra And Ors vs High Court Of Punjab And Haryana At ... on 1
