power of judicial review by an enactment--Not viola-
tive of basic structure doctrine--If the enactment provides
for an equally effective and efficacious alternative ... without affecting
the basic structure of the Constitution, but Parliament can
certainly without in any way violating the basic structure
doctrine amend the Constitution
rangement for judicial review without in any way violating
the basic structure doctrine, provided it is no less effica-
cious than the High Court. Then ... arrangement for judicial review
it would be violative of the basic structure doctrine and
hence outside the constitutent power of Parliament. It must,
therefore
Minerva Mills Ltd. & Ors vs Union Of India & Ors on 31 July, 1980
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
Dhillon, [1972] 2 SCR
33 referred to.
(c) Whenever the doctrine of basic structure has been
expounded or applied it is only as a doctrine ... Constitution differed. This is the correct interpretation
of the doctrine of the basic structure of the Constitution.
It should only be applied
paralysation of parliamentary function. Nor can the
constitutional fascination for the basic structure doctrine
be made a Trojan horse to penetrate the entire legislative
camp ... order and to overpower the
battle for abolition of basic poverty by the basic structure
'misslle.
[889 E-H; 890A]
6.2 Right to property
paralysation of parliamentary function. Nor can the constitutional fascination for the basic structure doctrine be made a Trojan horse to penetrate the entire legislative camp ... order and to overpower the battle for abolition of basic poverty by the 'basic structure' missile. Which is more basic? Eradication
paralysation of
parliamentary function. Nor can the constitutional fascination for the
basic structure doctrine be made a Trojan horse to penetrate the entire
legislative camp ... overpower the
battle for abolition of basic poverty by the &'basic structure&' missile.
Which is more basic ? Eradication of die-hard
Constitution (First Amendment) Act, 1951 does not damage or
destroy the basic structure of the Constitution. That
Amendment must, therefore, be upheld ... Parliament
since they damage the basic or essential features of the
Constitution or its basic structure in view of the Judg-
6
ment in Kesavananda
alleged invalidity, he
maintained that it constituted an invasion of the basic
structure of the Constitution, and contended that this Court
had invalidated a similar ... only a legislative power lodged in
Parliament. The basic structure of the Constitution,
resting on the doctrine of a Separation of Powers, seemed to
have
