as regards the adjudicative facts; the amending body cannot gather these facts; by employing legislative process; they can be gathered only by judicial process. The amending body must change the law retrospectively so as to make the election valid, if the election was rendered invalid by virtue of any provision of the law actually existing at the time of election: Article 368 does not confer on the amending body the competence to pass any ordinary law whether with or without retrospective effect. Clause (4) expressly excluded the operation of all laws relating to election petition to the election in question. Therefore, the election was held to be valid not by changing the law which rendered it invalid. (Para 329) Equality is a multi-coloured concept in capable of a single definition. It is a nation of many shades and connotations. The preamble of the Constitution guarantees equality of status and of opportunity. They are nebulous concepts and it is not sure whether they can provide a solid foundation to rear a basic structure. The types of equality which our democratic republic guarantees are all subsumed under specific articles of the constitution like Articles 14, 15, 16, 17, 25 etc. and there is no other principle of equality which is an essential feature of our democratic polity. (Para 336) There is a genuine concept of rule of law and that concept implies equality before the law or equal subjection of all classes to the ordinary law. But, if rule of law is to be a basic structure of the Constitution, one must find specific provisions in the Constitution embodying the Constituent elements of the concept. To be a basic structure, it must be a terrestrial concept having its habitate within the four corners of the Constitution. The provisions of the Constitution were enacted with a view to ensure the rule of law even if it is assumed that rule of law is a basic structure, the meaning and the constituent elements of the concept must be gathered from the enacting provisions of the Constitution. The equality aspect of the rule of law and of democratic republicanism is provided in article 14. May be, the other articles referred to do the same duty. (Para 343) The concept of equality which is basic to rule of law and that which is regarded as the most fundamental postulate of republicanism are both embodied in Article 14. If according to the majority in Bharati’s case (AIR 1973 SC 1461) Article 14 does not pertain to basic structure of the Constitution, which is the other principle of equality incorporated in the Constitution which can be a basic structure of the Constitution or an essential feature of democracy or rule of law? (Para 344) Per Chandrachud, J. : – Clauses (4) and (5) of Article 329-A are unconstitutional. These provisions are an outright negation of the right of equality conferred by Art. 14, a right which more than any other is a basic