...elections. Parliamentary democracy and multi-party system are an inherent part of the basic structure of the Indian Constitution. It is the political parties that set up candidates at an election who...to provide for an open ballot. A multi-party democracy is a necessary part of the basic structure of the Constitution. An amendment to law intended to restore popular faith in parliamentary democracy...201 : AIR 2005 SC 1646, citedZY. Constitutional Law — Basic Structure of Constitution — Elements of — Democracy and free and fair elections — Held, democracy is a...

..., even with the exclusion of paragraph 7, violate the basic structure of the Constitution in that they affect the democratic rights of elected members and, therefore, of the principles of parliamentary democracy is unsound...Constitution inserted by the Constitution (Fifty-second Amendment) Act, 1985, the Doctrine of Severability does not apply to it.(8) Democracy is a part of the basic structure of...exceptionable.[K] In the view we take of the validity of paragraph 7 it is unnecessary to pronounce on the contention that judicial review is a basic structure of the...

...India (2006) 7 SCC 1. It was pronounced with asseveration that democracy is the basic and fundamental structure of the Constitution. There is no...Bench is to the following effect:“1. … Democracy, which has been best defined as the Government of the people, by the people and for the people, expects prevalence of genuine...shadow of doubt that democracy in India is a product of the rule of law and aspires to establish an egalitarian social order. It is not only a political philosophy but also an embodiment of...

...the rule of law.9. Democracy is the basic structure. Judicial review stems from federal structure to pass upon constitutionality of legislative or administrative acts either to enforce...valid acts or to refuse to enforce the acts found unconstitutional. Therefore it is a constitutional mechanism for protecting the basic features of the Constitution, fundamental freedoms and the rule...of law. Judicial review is necessary in a constitutional democracy to maintain the conditions of democracy and sovereignty and as a check measure against potential misuse or abuse of executive or...

...Election Matter) 2002 (8) SCC 237, a Constitution Bench of the Supreme Court observed that democracy is a part of the basic structure of the..., holding of free and fair election is the basic structure of the democracy. In the facts of the case, election could not be held because of one or other reasons. Despite declaration of election...constitution and periodical, free and fair election is the substratum of democracy. If there is no free and fair periodic election, it is end of democracy. 11. In view of foregoing...

.... Parliamentary democracy and multi-party system are an inherent part of the basic structure of the Indian Constitution. It is the political parties that set up candidates at an election who are predominantly...were in the context of basic structure of the Constitution. Thereafter, this Court reiterated that democracy is the basic structure of the Constitution in Mohinder Singh Gill v. Chief Election Commr...process and also fulfil one of its objective, namely, wide participation of people.56. Free and fair election is a basic structure of the Constitution and necessarily...

...the judges constituting the majority in Bharati case (1973) 4 SCC 225 Rule of Law is a basic structure of the Constitution apart from democracy.The rule of law postulates the pervasiveness of the spirit of law throughout the whole range of government in the sense of excluding arbitrary official action in any sphere.’And the supremacy of valid law over the Commission argues itself. No one is an...prayers, are illegal. The petitioner appearing in person reiterates the same.6. To every democracy, election is essential. No doubt, such elections will have to be..., (1978) 2 SCR 272 at page 285 stated:“A free and fair election based on universal adult franchise is the basic; the regulatory procedures vis-a-vis the repositories of functions and...

...(1995) 4 SCC 611 and Kuldip Nayar v. Union of India (2006) 7 SCC 1. It was pronounced with asseveration that democracy is the basic and fundamental structure of...(2013) 10 SCC 1, while holding the voters' rights not to vote for any of the candidates, the Court observed that democracy and free elections are a part of the basic structure of...voter has a right to know the antecedents including the criminal past of his candidate contesting election for MP or MLA as it is fundamental and basic for the survival of democracy, for he may think...

...validity of the Tenth Schedule of the Constitution, the Court observed:“179. Democracy is a part of the basic structure of our Constitution; and rule of law, and...free and fair elections are basic features of democracy. One of the postulates of free and fair elections is provision for resolution of election disputes as also adjudication of disputes relating to...elected to power, it becomes easy to collect tons of black money, which is used for retaining power and for re-election and that this vicious circle has totally polluted the basic democracy in the...

...(1973) 4 SCC 225, AIR 1973 SC 1461) in his separate judgment, the ‘elements of the basic structure are indicated in the Preamble and translated in the various provisions of the Constitution’ and the ‘edifice of our Constitution is built upon and stands on several props’ which, if removed would result in the Constitution collapsing and which include the principles of ‘sovereign democratic republic’ and ‘parliamentary democracy’, a...following words:‘179. Democracy is a part of the basic structure of our Constitution; and rule of law, and free and fair elections are basic features of democracy. One of...Constitution, and (2) it must not offend against the provisions of Articles 13(1) and (2) of the Constitution. “Basic structure”, by the majority judgment, is not a part of the fundamental rights nor...

...Constitution (Fifty-second Amendment) Act, 1985, insofar as it seeks to introduce the Tenth Schedule is destructive of the basic structure of the Constitution as it is violative of the fundamental principles of Parliamentary democracy, a....The contention that the provisions of the Tenth Schedule, even with the exclusion of Paragraph 7, violate the basic structure of the Constitution in that they affect the democratic rights of elected Members and, therefore, of the principles of Parliamentary democracy is unsound...Constitution (Fifty-second Amendment) Act, 1985, the Doctrine of Severability does not apply to it.(8) Democracy is a part of the basic structure of the...

...conducted in a fair and proper manner. 10.Democracy is the basic structure of our constitution. It is the lifeline of this Country. The Will and Wish of the members can be...achieved only through a democratic process. The basic requirements of any democracy are active participation, periodical elections, free, fair and without any malpractice or manipulation. Our basic...structure is now questioned by some miscreants with malpractices and that needs to be weeded out at the threshold. In order to ensure free and fair elections, the Societies are also spending huge...

...(2006) 8 SCC 212. In this case, the addition of Articles 16(4-A) and 16(4-B) were under challenge on the ground that they violated the basic structure of the Constitution. After referring to the arguments of the counsel for both sides, the Court held that equality is the essence of democracy and..., since equality is part of the basic structure, and Nagaraj (2006) 8 SCC 212 has applied the 50% cut-off criterion, creamy layer, and no indefinite...the basic structure by any of the impugned amendments, including the Constitution (Eighty-second) Amendment Act, 2000. The constitutional limitation under Article 335 is relaxed and not...

...complete lack of collective responsibility by the Members of the Cabinet and is opposed to all principles of Democracy which is a Basic Structure of the Constitution.3. To impress upon...there is hardly any harmony amongst the Council of Ministers. In a party system of Democracy where there is total dissidence within the same party, there cannot be a Ministry which can be held together...Rajendra Babu, J.:—This Petition is filed under Article 226 of the Constitution of India...

..., [1957] SCR 930, relied on. 8.1. Democracy is a part of the basic structure of our Constitution, and rule of law; and free and fair elections are basic features of democracy...defections. (F) The contention that the provisions of the Tenth Schedule, even with the exclusion of Paragraph 7, violate the basic structure of the Constitution in that they affect the democratic rights of elected members and, therefore, of the principles of Parliamentary democracy is unsound...(Fifty_Second Amendment) Act, 1985, the Doctrine of Severability does not apply to it. 8.Democracy is a part of the basic structure of the Constitution and free and fair...

...business are unconstitutional.22. Under the first ground these are the contentions. The Constitution Amendment affects the basic structure of institutional pattern adopted by the Constitution. The basic feature of separation of powers with the role of independence of Judiciary is changed by denying jurisdiction of this Court to test the validity of the election. The essential feature of democracy will...elections which is an essential postulate of democracy and which in its turn is a part of the basic structure of the Constitution inasmuch as (1) it abolishes the forum without providing for...the Constitution. There was consensus among these Judges that democracy is a basic structure of the Constitution. I proceed on the assumption that the law as laid down by the...

...that event it would be the end of democracy. It is no doubt true that democracy is a part of the basic structure of the Constitution and periodical, free and fair election is the substratum of....Arijit Pasayat, J.— Free, fair and periodic elections are part of the basic structure of the Constitution of India (in short “the Constitution”). In a democracy the little man — voter — has overwhelming importance and cannot be hijacked from the course of free and fair elections.108. “Democracy” and “free and fair election” are inseparable twins. There is almost...that elections do not take place and the caretaker Government continues in office. This certainly would be against the scheme of the Constitution and the basic structure to that extent shall be corroded.152. A responsible Government provides for a healthy functioning. The democracy has to be contrasted with a caretaker Government which is ad...

...assures to the people of India a polity whose basic structure is described therein as a Sovereign Democratic Republic; Parliament may make any amendments to the Constitution as it deems expedient so long as they do not damage or destroy India's sovereignty and its democratic, republican character. Democracy is...elections which is an essential postulate of democracy and which, in its turn, is a part of the basic structure of the Constitution. Mathew, J., also struck down the Article on the ground that..., more than any other, is basic and fundamental to the maintenance of democracy and the rule of law, it is the power of judicial review and it is unquestionably, to my mind, part of the basic structure of...