Basic Structure
The Unamendable Core
PRE-1973
The Clash
- Parl: "We can amend anything."
- SC (Golaknath): "FRs are untouched."
- Result: Deadlock.
KESAVANANDA BHARATI (1973)
The Landmark
- Largest bench: 13 Judges.
- 7:6 Majority verdict.
- Parl *can* amend all parts.
- *Cannot* destroy Basic Structure.
THE CORE
Unwritten Elements
- Not defined in Constitution.
- Secularism & Democracy.
- Rule of Law.
- Separation of Powers.
THE GUARDIAN
Judicial Review
- SC is the final arbiter.
- Violating laws are void.
- Shields against autocracy.
- Reaffirmed in Minerva Mills.
WAMAN RAO (1981)
The Cut-Off
APR 24, 73
- Line drawn: April 24, 1973.
- Applies prospectively.
- 9th Schedule no longer blind shield.
- Post-73 laws strictly tested.
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