fundamental question is whether on and after 24th
April, 1973 when basic structures doctrine was propounded, it
is permissible for the Parliament under Article ... separation of
powers is part of the basic structure of the Constitution. Even
before the basic structure doctrine became part of
Constitutional law, the importance
fundamental question is whether on and after 24th
April, 1973 when basic structures doctrine was propounded, it
is permissible for the Parliament under Article ... separation of
powers is part of the basic structure of the Constitution. Even
before the basic structure doctrine became part of
Constitutional law, the importance
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
KAPADIA, CJI
Some doctrines die hard. That certainly is
true of the doctrine of basic structure of the
Constitution.
2. Against this backdrop, we need ... consideration was whether on and after 24th April, 1973, when the basic
structure doctrine was propounded, was it permissible for the Parliament
under Article
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
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
phrase as Basic structure or Basic framework of the Constitution. Each learned Judge enumerated illustrations of the basic structure or basic framework of the Constitution ... favour of the limited power of amendment upon basic structure or basic features doctrine has rendered a sum-
mary of his findings. In paragraph
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
damage the basic
structure if the fundamental right or rights taken away or
abrogated pertains or pertain to the basic structure.
(iv) (iv) Justification ... damage the basic structure if the fundamental
right or rights taken away or abrogated pertains or pertain to the basic
structure.
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