basic structure or framework of the Constitution.
ii) Whether by inserting Article 21A of the Constitution by the
Constitution (Eighty-Sixth Amendment) Act, 2002 , Parliament ... Constitution, we cannot hold that clause
(5) of Article 15 of the Constitution is an exception or a proviso
overriding Article 15 of the Constitution
statute has
to be read in the light of the preamble to the Constitution. According to him, the
preamble declares India to be a socialist ... goal of our political society as enshrined in the
preamble to the Constitution must not be trampled by reason of any incorrect
reading
justice", which is the Constitutional vision, enshrined in the Preamble of the Constitution of India. Preamble to the Constitution of India clearly signals that
limited ground that it
destroys the basic features of the Constitution. It was in this context
that the learned counsel for the petitioners contended that ... Constitution. It was in this context, he argued that the law
breaches the basic structure of the Constitution.
Preamble to the said Act reads
justice" which is the constitutional vision, enshrined in
the Preamble to the Constitution of India, therefore, it becomes a
bounden duty of the court ... social justice which is
the constitutional vision enshrined in the Preamble to the
Constitution of India, therefore, it becomes a bounden duty of the
court
basic structure or
framework of the Constitution.
(ii) Whether by inserting Article 21A of the Constitution by the
Constitution (Eighty-Sixth Amendment) Act, 2002 ,
Parliament ... Constitution, we cannot hold that clause (5) of Article 15 of
the Constitution is an exception or a proviso overriding Article 15 of
the Constitution
expression of the people" as
enshrined in the Preamble of the Constitution under "Liberty of Expression". It
is alleged that ... Preamble of the Constitution, which is part of the
basic feature/structure of the Constitution, but the aforesaid Preamble is not
the entire basic structure
unwritten code pertaining to morality
and philosophy encapsulated in the Preamble of the Constitution. Learned
counsel has emphasised on the purposive interpretation of the Constitution ... scheme
of the Constitution. He has further held: -
“282. It seems to me that reading the Preamble the fundamental importance
of the freedom
absolute accord with the vision explicitly enunciated
in the Preamble of the Constitution of India. In fact, the spirit
which led to ultimately encoding ... goals of “WE THE PEOPLE” in the
Preamble of the Constitution of India, permeates all other provisions
of the Constitution of India. The fundamental
human person”.
46. In Olga Tellis v. Bombay Municipal Corpn.15 ,
the Constitution Bench speaking through Chandrachud,
C.J., observed thus:
“An equally important facet ... opined as follows:
“The Framers of the Constitution, in the Preamble
to the Constitution, guaranteed to secure to its
citizens justice social, economic and political
