74
the
basic
structure
or
the
essential
features for the Constitution;
(c) A
without
free
and
it,
all
independent
rights
judiciary
would
be
writ
in
water;
(d) The balance between the legislature, the
executive and the judiciary - none of the
three
organs
of
the
State
could
use
its
powers to destroy the powers of the other
two,
nor
could
any
of
them
abdicate
its
power in favour of another.”
The Indian Supreme Court by a majority held that
though
Parliament
can
amend
any
part
of
the
constitution in exercise of its amending power, it
cannot alter the basic structure or framework of the
constitution. (Golaknath was overruled). Though the
judgment was clearly by a majority, it was apparent
that the division was sharp- 6:6. Khanna, J. who was
with
the
majority,
did
not
accept
that
all
fundamental rights enshrined in Part III were part of
the
basic
property
structure.
was
not.
He
Except
said
for
that
the
this,
he
right
to
was
in