relations between the Union and the States, it deals with maters not
normally considered constitutionally important like the salaries of high
dignitaries the power of the Supreme Court to frame rules for regulating its
practice and procedure, official language for communication between one
State and another and last but not the least, elections to the Parliament and
the State Legislatures. Those to whose wisdom and judgement the
constituent power is confided will evoke scorn and derision if that power is
used for granting or withdrawing building contracts passing or failing
students or granting and denying divorces. But the electorate lives in the
hope that a sacred power will not so flagrantly be abused and the moving
finger of history warns of the consequences that inevitable flow when
absolute power has corrupted absolutely. The fear of perversion is no test of
power.
663. But the comparison is odious between the instances given by Shri
Shanti Bhushan and the subject-matter of Article 329-A (4) of the
Constitution. In the first place elections to legislatures were considered by
Constitution-makers to be a matter of constitutional importance. Secondly,
though the powers of the Prime Minister in a cabinet form of democracy are
not as unrivalled as those of the President in the American system, it is
undeniable that the Prime Minister occupies a unique position. The choice of
the subject for constitutional amendment cannot, therefore, be characterized
as trifling, frivolous or outside the frame-work of a copious Constitution. In
America, the challenge to the 18th Amendment on the ground that ordinary
legislation cannot be embodied in a constitutional amendment was brushed
aside as unworthy of serious attention. Rottschaefer endorsed it as consistent
with the ultimate political theory on which the American constitutional
system is based. “The people, acting through the machinery provided by the
existing Constitution, must be accorded the legal power to change their basic
law by peaceable means.”* In fact, it is wrong to think that elections to the
country's legislatures are a private affair of the contestants. They are matters
of public interest and of national importance. Every citizen has a sake in
legislative elections for his social and economic well-being depends upon the
promises and performance of the legislators. Such elections, and more so the
election of the Prime Minister who is at least primus inter pares, can
legitimately form the subject-matter of a constitutional provision. The
validity of what is brought into the Constitution has to be judged by different
standards.
664. There was some discussion at the Bar as to which features of the
Constitution form the basic structure of the Constitution according to the
majority decision in the Fundamental Rights case. That, to me is an inquiry
both fruitless and irrelevant. The ratio of the majority decision is not that
some named features of the Constitution are a part of its basic structure but
that the power of amendment cannot be exercised so as to damage or destroy
the essential elements or the basic structure of the Constitution, whatever
these expressions may comprehend. Sikri, C.J., mentions supremacy of the
Constitution. Republican and Democratic form of the Government, secular
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