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
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
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
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.
xxxx xxxx xxxx xxxx
basic
structure. The concept of a basic structure giving
coherence and durability to a Constitution has a certain
intrinsic force. This doctrine has essentially developed ... Parliament,
i.e. to form a part of the basic structure. The basic
structure concept accordingly limits the amending power
of the Parliament
Minerva Mills Ltd. & Ors vs Union Of India & Ors on 31 July, 1980
Constitution on the ground that it is violative of the basic structures doctrine. Clause (5) of Article 371D of the Constitution subjected the order ... specified service matters, the constitutional amendment would fall foul of the basic structure doctrine. Now it can hardly be disputed that the provision enacted
