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
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
determine what constitutes the basic structure of the Constitution and whether an Act is in violation of the basic structure, every case ... several decisions of the Supreme Court elaborated upon the doctrine of basic structure particularly in the context of judicial review. These include:
( 1) Indira Nehru
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 ... arrangement for judicial
review, it would be violative of the basic structure
doctrine and hence outside the constituent power of
Parliament. It must, therefore
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
whether the exclusion of judicial review was
compatible with the doctrine of basic structure. It was held in paragraphs
135 and 136 as follows :
?Exclusion ... Judicial review if compatible with the doctrine of basic
structure ? concept of judicial review :
135. Judicial review is justified by combination of 'the principle
Colonel A.D.Nargolkar vs Union Of India & Ors. on 26 April, 2011
Equivalent
India envisages the concept of social justice which is a Basic Structure Doctrine of our constitution. The concept of social justice is not uni-dimensional ... itself, political and social spheres. Right to legal redressal is also a Basic Structive Doctrine of the constitution.
18. It is often said that justice
consistent 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
Constitution of India is a
part of the basic structure doctrine and cannot be
taken away by any subordinate legislation.
b) Section
