Anjum Kadari vs Union Of India on 5 November, 2024
Author: Dhananjaya Y Chandrachud
Bench
basic structure.
16. In the case of M. Nagaraj (supra), the Constitution Bench observed
that while dealing with the issue of basic structure, the axioms ... inviolable part of the basic structure.
79.7. Mere violation of the rule of equality does not violate the basic structure
of the Constitution unless
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
The State Of Himachal Pradesh vs Yogendra Mohan Sengupta on 11 January, 2024
Author: B
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.
(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
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
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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Neutral
doctrine of basic features has been
explained by this Court as under : (SCC p. 108, para 141)
“141. The doctrine of basic structure contemplates
that ... Constitution. Exclusion of
fundamental rights would result in nullification of the
basic structure doctrine, the object of which is to
protect basic features