Kesavananda Bharati v. State of Kerala
(1973) 4 SCC 225 · Supreme Court of India
Parliament may amend any provision of the Constitution under Article 368 but cannot damage or destroy its basic structure.
Unit V · Constitutional Law – II
Amendment of the Constitution and the basic structure
Study aid only. Confirm statute numbers with the current bare Act and the official OU LL.B. (3-YDC) 2024–25 syllabus PDF.
Statute sections
| Act / instrument | Section | Name |
|---|---|---|
| Constitution of India | 368 | Power of Parliament to amend the Constitution and procedure therefor |
Landmark cases
Minerva Mills Ltd. v. Union of India
(1980) 3 SCC 625 · Supreme Court of India
Limited amending power and the balance between Parts III and IV are basic features; clauses that gave constitutional amendments complete immunity were struck down.
Indira Nehru Gandhi v. Raj Narain
1975 Supp SCC 1 · Supreme Court of India
Free and fair elections and the rule of law are part of the basic structure; a constitutional amendment cannot validate an election by a purely ad hoc device.