Following the Kesavananda judgment, the Parliament attempted to bypass the basic structure limits, leading to subsequent judicial consolidation.
1. The 39th Amendment & Indira Gandhi Case (1975)
During the Emergency, the Parliament passed the 39th Amendment, inserting Article 329-A to declare that the election of the Prime Minister and the Speaker could not be challenged in court. In Indira Nehru Gandhi v. Raj Narain (1975), the Supreme Court struck down this clause, declaring that free and fair elections, rule of law, and judicial review represent the basic structure, and cannot be destroyed.
2. Section 55 of the 42nd Amendment (1976)
Parliament amended Article 368 to state that there is no limitation on the constituent power of Parliament, and no amendment can be called into question in any court. This was challenged in Minerva Mills v. Union of India (1980):
- The Court struck down Section 55 of the 42nd Amendment, holding that the limited amending power of Parliament is itself a part of the basic structure. Parliament cannot expand its amending power to make itself absolute.
- The Court declared: "Three articles—Articles 14, 19, and 21—represent the Golden Triangle of Part III, and their balance is an essential feature of the basic structure."
3. The Cutoff Date: Vaman Rao (1981)
In Vaman Rao v. Union of India (1981), the Supreme Court introduced a strict timeline, holding that all laws added to the Ninth Schedule before April 24, 1973 (the date of the Kesavananda Bharati judgment) are constitutionally protected. However, any law added after that date can be challenged if it violates the basic structure of the Constitution.