Basic Features of the Constitution

a) Kesavananda Bharati Case (1973)

1. In this case, the SC held that the amending power of the Parliament is subject to the basic features of the Constitution.

b) Shankari Prasad case (1951)

• The Supreme Court said that the power of the Parliament to amend the Constitution under Article 368 also includes the power to amend Fundamental Rights. Word ‘law’ under Article 13 includes only ordinary laws and not the constitutional amendment acts.
• The Parliament can abridge any of the Fundamental Rights by enacting a constitutional amendment act and such a law will not be void under Article 13.

c) I.R. Coelho case (2007):

• Supreme Court said that there could not be any blanket immunity from judicial review of laws included in the Ninth Schedule.
• The court held that judicial review is a basic feature of the constitution and it cannot be taken away by putting a law under the Ninth Schedule.
• The judgment put an end to the politico-legal controversy by holding the Parliament’s amending power subject to Judicial Review in line with Kesavananda Bharti’s case judgement that the violation of Doctrine of Basic Structure will never be tolerated.

d) Indra Sawhney and Union of India (1992)

• Rule of Law was added to the list of basic features of the constitution.

e) Waman Rao Case (1981)

• The SC reiterated the Basic Structure doctrine.
• It drew a line of demarcation (April 24th, 1973 date of the Kesavananda Bharati judgment) and held that it should not be applied retrospectively toreopen the validity of any amendment to the Constitution which took place prior to the date.