Академический Документы
Профессиональный Документы
Культура Документы
-the word "law" in Article 13(2) does not include amendments to the Constitution.
-the power to amend does not include the power to alter the basic structure or framework of
the Constitution to the extent of changing its identity.
-the power of amendment under Article 368 is plenary with no implied or inherent limitations
and that it includes the power to add, alter or repeal the various Articles of the Constitution
not excluding those relating to fundamental rights.
SANKARI PRASAD CASE
-a clear demarcation between ordinary law which is made in exercise of legislative
power, and constitutional law which is made in exercise of constituent power
-an ordinary law depends for its validity on its conformity with their Constitution,
constitutional law is independent of any such conformity
MINERVA MILLS CASE
-the power of judicial review cannot be dispensed with but the Parliament could, in place of
the High Courts, substitute another alternative institutional mechanism for judicial review
-judicial review has been conclusively held to be part of the basic structure of the Constitution.
S.R BOMMAI v. UOI
- Article 356 can be invoked only in cases where non-compliance with the Constitution is of
such a nature that it results in situations which create an impasse and are not capable of being
remedied and where governance of the State has become impossible.
- a Presidential proclamation issued under Article 356 of the Constitution is not completely
beyond judicial review.
-There was a divergent view upon the area and extent to which judicial review and
justifiability of the Presidential proclamation. However it can be inferred that "even if part of the
material is irrelevant, the court cannot interfere so long as there is some material which is relevant to
the action taken" is to be found only in the judgments of Justices Jeevan Reddy and Agrawal and is
expressed in their conclusion No. 7. However, this view can be regarded as the view of the majority
and a declaration of the law by the Supreme Court inasmuch as Justice Pandian agrees with it and
there is no dissent from this view by Justices Sawant and Kuldip Singh.
- State legislative assembly cannot be dissolved merely upon issue of Presidential
satisfaction of the Governor or the President. This rule can be departed from only in an extraordinary
situation where because of all-pervasive violence a free vote is not possible in the House
- violation of a basic feature of the Constitution, including the secular features of the Constitution, is a
valid ground for exercise of power under Article356
ASHOK KUMAR THAKUR v. UNION OF INDIA
-approved the 93rd Amendment to the Constitution of India and the consequential Central Educational
Institutions (Reservation in Admission) Act, 2006. This enabling legislation (engineered by Arjun
Singh) reserves an additional (i.e in addition to the 22.5 percent reserved for scheduled castes and
scheduled tribes) 27 percent of seats in all of the country Central government promoted institutions of
higher education for OBC students.
REBERUBARI v. UNION OF INDIA
- To cede away a territory art. 368 procedures must be followed and the same cannot be done
through Art 3.
Bhikaji v. state of MP
-the word
the extent of
afundamental right and the language of the article makes itclear that the entire operation of
an inconsistent Act isnot wiped out. It applies to past transactions and
therights
and
liabilities accruing therefrom and continues evenafter the commencement of the Constitution
to apply to non-citizens.
- the portion of state law repugnant to central law is not dead ,it does not become ultra vires
in whole or in part , it is eclipsed and if the central law were to be repealed at any time it
would again become operative
TMA PAI FOUNDATION VS STATE OF KARNATAKA
-
Linguistic and religious minorities are covered by the expression "minority" under Article 30
of the Constitution.
the decision of the court not binding for that is tantamount to reversing the decision
merely safeguard the continuance of the right which the denomination already had.
ASHOK KUMAR Thakur vs UNION OF iNdia
The constitutional amendment act 2005 ( 93rd ) doesnot violates the basic structure of
the constitution so far as it is related to aided educational institute subject to the
mandates and hence its constitutionally valid and does not exclude art 15(4).
Art 21 A is most imp. Right and stands above other rights as ones ability to enforce
including Art15(5) as a FR .
No distinction can be made b/t FR and DP .
Art 16(4) must be read with Art 335. Though in Art 335 OBC are not included , but
structure.
The power of judicial review vested in Art 32 and 226 constitutes the basic structure
of the consti.
STATE TRADING CORPORATION v. COMMERCIAL TAX OFFICER
Company might have nationality which ordinarily is determined by the place of its
law of land.
Art 21 is not mere animal existence, it mean something more .
DPSP must be regarded as equally fundamental to the content and meaning of FR
State can deprive a person of his livelihood with accordance to just and fair
under Art 12
Right to education is impled from right to life and liberty