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

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