First, legislative measures are not subject to the theory of basic features or
basic structure or basic framework. Second, the majority view in
Kesavananda Bharati’s case, (AIR 1973 SC 1461) is that the 29th
Amendment which put the two statutes in the Ninth Schedule and Article 31B is not open to challenge on the ground of either damage to or destruction of
basic features, basic structure or basic framework or on the ground of
violation of fundamental rights.
(Para 153)
Per Khanna J. – The provisions of Sections 7, 8 and 10 of Act 40 of 1975
are valid and do not suffer from any constitutional infirmity.
(Para 239)
In the case of provisions of the amended law are abused. The proper
course in such an event would be to strike down the action taken under the
amended law and not the law itself.
(Para 233)
Per Mathew. J. – Representation of the People (Amendment) Act (1974)
and Election Laws (Amendment) Act (1975) are valid.
(Para 363)
Articles 245 and 246 give the power and also provide the limitation upon
the power of these organs to pass laws. It is only the specific provisions
enacted in the Constitution which could operate as limitation upon that
power. The preamble though a part of the Constitution, is neither a source of
power nor a limitation upon that power.
(Para 347)
An ordinary law cannot be declared invalid for the reason that it goes
against the vague concepts of democracy, justice political economic and social;
liberty of thought, belief and expression, or equality of status and
opportunity, or some invisible radiation from them.
(Paras 348 and 349)
The Constitution has entrusted the task of framing the law relating to
election to Parliament, and, subject to the law made by Parliament to the
State Legislatures. An important branch of the law which sounds in the area
of free and fair election, namely, delimitation of constituencies and allotment
of seats to such constituencies is put beyond the cognizance of court. When it
is found that the task of writing the legislation on the subject has been
committed to Parliament and State Legislatures by the Constitution, it is not
competent for a court to test its validity on the basis of some vague norms of
free and fair election.
(Para 351)
The doctrine of the ‘spirit’ of the Constitution is a slippery slope the courts
are not at liberty to declare an act void, because, in their opinion, it is