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The 13-judge of the Supreme Court deliberated on the limitations, if any, of the powers of the elected representatives of the people and the nature of fundamental rights of an individual. The basic structure doctrine forms the basis of power of the to review, and strike down, enacted by the which conflict with or seek to alter this of the Constitution. At the same time,the Court also upheld the constitutionality of first provision of Article 31(c), which implied that any constitutional amendment seeking to implement the Directive Principles, which does not affect the 'Basic Structure', shall not be subjected to judicial review. The Court partially cemented the prior precedent, which held that constitutional amendments pursuant to Article 368 were subject to fundamental rights review, by asserting that only those amendments which tend to affect the 'basic structure of the Constitution' are subject to judicial review. Asserted through this doctrine that the constitution possesses a basic structure of constitutional principles and values.
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(: (1973) 4 SCC 225) is a of the that outlined the of the. ” - in April 2013, on the occasion of the 40th anniversary of the judgement., The Kesavananda Bharati judgement or His Holiness Kesavananda Bharati Sripadagalvaru and Ors. Laws applied, “ Kesavananda Bharathi is the case which saved Indian democracy thanks to Shri, eminent jurist and the seven judges who were in the majority. These principles were commonly termed as Basic Structure.Ĭase opinions Majority Sikri C. Citation(s) (1973) 4 SCC 225 Holding There are certain principles within the framework of Indian Constitution which are inviolable and hence cannot be amended by the Parliament.
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State of Kerala Court Full case name Kesavananda Bharati Sripadagalvaru and Ors.