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Theory Of Basic Structure

Legal definition for Indian law research

Definition

Theory of basic structure, the theory of a 'basic stru-cture' of the Constitution cannot be used to build into the Constitution an imaginary part which may be in conflict with constitutional provisions. The Constitution cannot have a base cut away from the superstructure. The theory of a basic structure of the Constitution as anything more than a part of a well-recognised mode of construing a document. The Constitution, like any other document, has to be read and construed as a whole, Additional District Magistrate v. Shivakant Shukla, AIR 1976 SC 1207 (1317): (1976) 2 SCC 521: (1976) Supp SCR 172.

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