state function in accordance with principles like separation of power and basic structure doctrine. (https: indiankanoon.org/doc/36423291/, https: www.barandbench.com/columns/column
Asha Ranjan vs State Of Bihar And Ors on 15 February, 2017
Equivalent citations: AIR
mechanism or authority, it would not be violative of the basic
structure of doctrine, so long as the essential condition is fulfilled, namely, that ... part of the basic structure of the Constitution.
The doctrine of basic structure was evolved in Kesavananda Bharati
case. In Kesavananda Bharati case a thirteen
Avtar Singh Kalra And Ors vs High Court Of Punjab And Haryana At ... on 1
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
doctrine of
basic features has been explained by this Court as
under:(SCC p.108, para 141)
"141. The doctrine of basic structure
contemplates ... Constitution. Exclusion of
fundamental rights would result in nullification
of the basic structure doctrine, the object of
which is to protect basic features
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.
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constitutional
jurisprudence evolved out of this
doctrine of silence. The basic
structure doctrine visà vis Article
368 of the Constitution emerged out
of this
notifying the subject
land as Wakf property; that this violates the Basic Structure doctrine;
and such a Gazette notification cannot be the basis