Issue: Whether the basic structure test would include judicial review of ninth schedule laws on the touchstone of fundamentals rights.
Decisions: The Court held that, there is no immunity to IX schedule from the judicial review. All the amendments to IX schedule after April 24, 1973 were left open to challenge on the grounds that they were beyond the constituent power of parliament because they damaged the basic structure of the constitution.
- The parliament has power to amend part III of the constitution, but this power is subjected to limitation of basic structure doctrine. Any law granted by the protection of IX schedule is also to be test on the principle of basic structure. Such law isn’t immune from judicial scrutiny.
- The power of amendment has to be compatible with the limits of Kesavananda Bharti’s case. Article 31B after 24 April, 1973 despite of its wide language can’t confer unlimited immunity to IX schedule.
- The duty to decide whether the limits have been transgressed has been placed on judiciary.
- The form of an amendment is not a relevant factor, but the consequences theory would be determinative test of validity of the act.
- Validity determined on the basis of two questions:
- Whether the IX schedule law is violative of part III?
- Whether the violation found is destructive of basis structure doctrine?
If both question answers are affirmative, the law of IX schedule would be invalid.
Principles of Constitutionalism is now well settled legal principle which require control over the exercise of government power. So it doesn’t destroy the democratic principles of Constitution.