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Anti-discrimination and affirmative action (Reservations) in India The Basic Structure Doctrine

M. Nagaraj v. UOI (2006) 8 SCC 212

ISSUE:

Validity of the Constitution (Seventy-Seventh Amendment) Act, 1995, the Constitution (Eighty-first Amendment) Act, 2000, the Constitution (Eighty-Second Amendment) Act, 2000, and the Constitution (Eighty-Fifth Amendment) Act, 2001.

RULE:

Article 16(4)(A) and (B) of the constitution.

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Article 13 - Are Constitutional Amendments Laws? The Basic Structure Doctrine

Kesavananda Bharati v. State of Kerala (1973) 4 SCC 225

ISSUE:

Whether the 24th Constitutional (Amendment), Act 1971 is Constitutionally valid or not?

Whether the 25th Constitutional (Amendment), Act 1972 is Constitutionally valid or not?

The extent to which the Parliament can exercise its power to amend the Constitution?

RULE:

The Parliament has an unlimited power to amend the Constitution subject to the sole condition that such amendments must not change the basic structure of the Constitution.

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The Basic Structure Doctrine

I.R. Coelho v. State of Tamil Nadu AIR 2007 SC 861

ISSUE:

Whether on and after 24.4.1973 (Date of the judgment in Kesavananda Bharti v. State of Kerala when the basic structure doctrine was propounded, is it permissible for the parliament under Article 31-B to immunize legislations by inserting them into the ninth schedule and thus outside the purview of the courts and, if so, what was its effect on the power of judicial review of the court?

RULE:

It is the court that is to decide if this interference is justified and if does or does not amount to violation of the basic structure. As stated, the role of the court is “determination by court whether invasion was necessary and if so to what extent”.

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The Basic Structure Doctrine

Madras Bar Association v. Union of India, (2014) 10 SCC 1

ISSUE:

Whether the reasons for setting up the NTT, were fallacious and non-existent or not?

Whether the act violates principles of Separation of powers, the rule of law, and judicial review, constitute amongst others, the basic structure of the Constitution?

Whether the Act is unconstitutional or not?

RULE:

Articles 225, 226, 227, 323B of the constitution of India

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