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High Courts, would not do violence to the basic structure so long as it was ensured that the alternative mechanism
Supreme Court of India
- Cites 81 - Cited by 669 - Full Document
Constitution or so as to destroy its basic structure. Opining that sections 4 and 55 of the Constitution (Forty Second ... pronounced to be invalid even if it destroys the basic structure of the Constitution, a law passed in pursuance
Supreme Court of India
- Cites 86 - Cited by 184 - Full Document
consequential seniority as being unconstitutional and violative of the basic structure. According to the petitioners, the impugned amendment reverses ... impugned amendment and is, therefore, violative of the basic structure of the Constitution. The said amendment is, therefore, constitutionally invalid
Supreme Court of India
- Cites 42 - Cited by 189 - Full Document
enjoy constitutional immunity because these Acts destroy or damage basic structure or basic features. 13. In view of the challenge ... First, it destroys or damages the basic features or basic structure of the Constitution. Reliance is placed in support
Supreme Court of India
- Cites 166 - Cited by 180 - Full Document
Constitution of India, 1950 Articles 31 and 300 -A- Basic structure of the Constitution, thereby applicability of-Whether right ... property is a part of the basic structure of the Constitution-State's power of "eminent domain", and conditions precedent
Supreme Court of India
- Cites 65 - Cited by 193 - Full Document
judicial review without in any way violating the basic structure doctrine, provided it is no less effica- cious than ... judicial review it would be violative of the basic structure doctrine and hence outside the constitutent power of Parliament
Supreme Court of India
- Cites 26 - Cited by 172 - Full Document
essential features of the Constitution and destroys its basic structure by a total exclusion of challenge ... destroy its basic or essential features or its basic structure. 2-4. Fuller reasons for the decisions will follow later
Supreme Court of India
- Cites 89 - Cited by 87 - Full Document
Supreme Court of India Sh. Jilubhai Nanbhai Khachar Etc ... vs State Of Gujarat And Anr
Supreme Court of India
- Cites 65 - Cited by 116 - Full Document
petitioner violates the principle of Federalism, a basic structure of the Constitution. In the writ petition, there is a further ... voter's freedom of expression which is the basic feature of the Constitution and the subject matter of the fundamental
Supreme Court of India
- Cites 178 - Cited by 75 - Full Document
pronounced propounding the doctrine of Basic Structure of the Constitution to test the validity of constitutional amendments. Re : Order ... basic or essential features of the Constitution or its basic structure. The decision in Minerva Mills
Supreme Court of India
- Cites 71 - Cited by 70 - Full Document
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