Basic structure doctrine: Difference between revisions

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==''Kesavananda Bharati'' case (1973)==
{{Main|Kesavananda Bharati v. State of Kerala}}
Six years later in 1973, the largest ever Constitution Bench of 13 Judges, heard arguments in ''Kesavananda Bharati v. State of Kerala'' ([[case citation]]: AIR 1973 SC 1461). The Supreme Court reviewed the decision in ''[[I.C. Golak Nath and Ors. vs. State of Punjab and Anr.|Golaknath v. State of Punjab]]'', and considered the validity of the 24th, 25th, 26th and 29th Amendments. The Court held, by a margin of 7–6, that although no part of the constitution, including fundamental rights, was beyond the amending power of Parliament (thus overruling the 1967 case), the "basic structure of the Constitution could not be abrogated even by a constitutional amendment".<ref name="autogenerated1">{{Cite book |last=Austin |first=Granville |url=https://archive.org/details/workingdemocrati0000aust/page/258/mode/2up |title=Working a Democratic Constitution - A History of the Indian Experience |publisher=Oxford University Press |year=1999 |isbn=978-019565610-7 |___location=New Delhi |pages=258–277 |url-access=registration}}</ref> The decision of the Judges is complex, consisting of multiple opinions taking up one complete volume in the law reporter "Supreme Court Cases". The findings included the following:
* All of the Judges held that the 24th, 25th and 29th Amendments Acts are valid.
* Ten judges held that ''Golak Nath'''s case was wrongly decided and that an amendment to the Constitution was not a "law" for the purposes of Article 13.