77
state’s right to acquire or requisition
property on payment of an ‘amount’ must,
according to some of these judges, be so
exercised
that
the
amounts
is
not
illusory and does not constitute a fraud
upon the right to property.
3)
Article 31C is valid, even though it
damages or destroys the essential features
of the Constitution.”
Since
there
was
Division
by
six
into
six,
Khanna, J. agreed with none of these 12 Judges and
decided the case midway between the two conflicting
views holding that (a) the power of amendment is
limited; it does not enable Parliament to alter the
basic structure of framework of the constitution; and
(b) the substantive provision of article 31C, which
abrogates the fundamental rights, is valid on the
ground that it does not alter the basic structure or
framework of the constitution.
Now
turning
to
the
point
as
to
the
interpretation of the constitution, there is no doubt
that in interpreting a constitutional document the