Provisions Involved

Article 13, 14, 21, 19 and 368 of the Indian Constitution and the basic structure of Doctrine.


Tamil Nadu has a reservation policy of 69% which was declared unconstitutional before 1992 but after a new amendment in Tamil Nadu Reservation Act,1994 under 9th schedule of constitution which forbids the right of person to challenge the matter in court.


Whether after the introduction of  Basic Structure Doctrine in Kesavananda Bharati Vs. State of Kerala, can parliament make legislation immune by inserting under  9th schedule.


There are similar cases which infringed the Rights of people to do judicial review in cases regarding Fundamental Right to property.

  • Shankari Prasad Deo Vs. Union of India which his land was taken under Zamindari Abolition Act introduced during 1st amendment and due to 9th schedule he couldn’t grab his Fundamental Right.
  • Sajjan Singh Vs. State of Rajasthan
  • Golaknath Vs. State of Punjab
  • In Kesavananda Bharati Vs. State of Kerala, the court overruled  and held that Parliament do not have unlimited powers of amending basic structures of Constitution and Article 368 came with implied restrictions. 


A law ,if violates basic structure ,cannot be protected from Judicial review even by putting in 9th schedule after 24th April,1973. The Court delivered an unanimous verdict, upholding the Basic Structure of Doctrine and authority of judiciary to review any law that destroys or abrogates Basic Structure of Constitution. But laws made before 1973 can be protected from judicial review.