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Finally, it was said that there can be no basic structure of a Constitution divorced from the historical evolution of the precepts and principles on which the Constitution is founded. Any effort to determine the basic structure of the Constitution without keeping a finger on the historical pulse of the Constitution may well lead to substantial injustice. According to him, if the historical approach to the test of basic structure is kept in view, the guarantees and assurances of the privy purses, privileges, etc. granted by the Constitution-makers by incorporating Articles 291, 362 and 366 (22) in the Constitution framed by them would, without any doubt or dispute, emerge in their own rights 'as basic features' of the Constitution which cannot be abrogated or annihilated by any Constitutional amendment. What he fmally concluded is that the guarantees and assurances of the privy purses, privileges etc. contained in the above three Articles were, in fact, the reflections of the aforesaid virtues of the Constitution makers which are the very virtues which characterized the personality of the Indian Constitution and that the Objects and Reasons of the impugned Amendment clearly establish the mala fides of the Amendment.

In our Constitution, there are specific provisions for amending the Constitution. The amendments had to be made only under and by the authority of the Constitution strictly following the modes prescribed, of course, subject to the limitations either inherent or implied. The said power cannot be limited by any vague doctrine of repugnancy. There are many outstanding interpretative decisions delineating the limitations so that the Constitutional fabric may not be impaired or damaged. The amendment which is a change or alteration is only for the purpose of making the Constitution more perfect, effective and meaningful. But at the same time, one should keep guard over the process of amending any provision of the Constitution so that it does not result in abrogation or destruction of its basic structure or loss of its original identity and character and render the Constitution unworkable. The Court is not concerned with the wisdom behind or proprietary of the Constitutional amendment because these are the matters for those to consider who are vested with the authority to make the Constitutional amendment-. All that the Court is concerned with are (1) whether the procedure prescribed by Article 368 is strictly complied with'? and (2) whether the amendment has destroyed or damaged the basic structure or the essential features of the Constitution. If an amendment transgresses its limits and impairs or alters the basic structure or essential features of the Constitution then the Court has power to undo that amendment. The doctrine of basic structure was originated in Sajjan Singh and has been thereafter developed by this Court in a line of cases, namely (1) Kesavananda Bharati (supra), (2) Indira Gandhi Nehru, (3) Minerva Mills, (4) Waman Rao and (5) Sanjeev Coke Manufacturing Company v. Bharat Coaking Coal Ltd., [1983] 1 SCC 147. Mr. Soli J. Sorabjee 'in support of his contention that Articles 291 and 362 and clause (22) of Article 366 were integral part of the constitutional scheme which otherwise would mean the 'essential part of the constitutional scheme', referred to Webster New International Dictionary, 3rd Edition and Collins Concise English Dictionary, and has pointed out the lexical meaning say, that 'integral' means 'essential' and, therefore, according to him, the total abolition of the provisions of the Constitution which are its integral parts otherwise essential parts has damaged the essential and basic features of the Constitution. To draw strength for his submission, he relied upon certain observations made by Shah, J in his judgment in Madhav Rao observing, "By the provisions enacted in Articles 366(22), 291 and 362 of the Constitution the previliges of Rulers are made an integral part of the constitutional scheme" and 'An order merely "de- recognising" a Ruler without providing for continuation of the institution of Rulership which is an integral part of the constitutional scheme is, therefore, plainly illegal." (emphasis supplied) The learned Attorney General has vehemently opposed the above submission stating that the expression "integral part of the scheme of the Constitution" used in Madhav Rao are not the same as the basic structure and that expression has to be read in the context of a challenge to the Ordinance which sought to render nuptory certain rights guaranteed in the Constitution, then existing. It is further stated that the attack on the Twenty-sixth Amendment based on the principles laid down. in Madhav Rao is totally misconceived because only in order to overcome the effect of that judgment, the Twenty-sixth Amendment was passed by the Parliament in exercise of its constituent powers. According to the Attorney General, the observations in the said case were nullified by the Amendment and that judgment is no longer good law after the Amendment. To test the Amendment on the basis of that judgment is impermissible and all the arguments based upon this case are, therefore, misconceived. In this content, it becomes necessary to recall certain events which ultimately gave rise to Madhav Rao's case. After the commencement of the Constitution, in pursuance of Article 366(22), the Rulers were recognised and they had been enjoying the Privy purses, privileges, dignities etc. on the basis of the relevant constitutional provisions. Pursuant to the resolution passed by the AD India Congress committee in 1967, the Union of India introduced the Twenty- fourth Amendment Bill in 1970 to implement the decision of the AR India Congress Committee favouring removal of privy purses, privileges etc. But the Bill though passed in the Lok Sabha failed to secure the requisite majority in the Rajya Sabha and thereby it lapsed. It was only thereafter, the President of India issued an Order in exercise of the powers vested in him under Article 366(22) derecognising the Rulers and stopping the privy purses, privileges etc. enjoyed by the rulers. This Order passed by the President was the subject-matter of challenge in Madhav Rao. The Supreme Court struck down the Order of the President as invalid as in the view of the Court derecognition of the Rulers would not take away right to privy purses when Articles 291 and 362 were in the Constitution. It was only in that context, the observations which have been relied upon by Mr. So;i J. Sorabjee, were made. The Twenty-sixth Amendment itself was passed by Parliament to overcome the effect of this judgment. Now by this Amendment, Articles 291 and 362 are omitted, Article 363A is inserted and clause 22 of Article 366 is amended. Therefore, one cannot be allowed to say that the above said omitted Articles and unamended clause were the essential part of the constitutional scheme. So they have to be read only in the context of a challenge made to the Presidential Order which sought to render nugatory certain rights guaranteed in the Constitution which were then existing. In any event, the constitutional bar of Article 362 denudes the jurisdiction of any Court in disputes arising from covenants and treaties executed by the Rulers. The statement of Objects and Reasons of Twenty-sixth Amendment clearly points out that the retention of the above Articles and continuation of the privileges and privy purses would be incompatible with the egalitarian society assured in the Constitution and, therefore, in order to remove the concept of rulership and terminate the recognition granted to Rulers and abolish the privy purses, this Amendment was brought on being felt necessary.

BASIC STRU- This takes us to the power of amendment conferred CTURE under Article 368. That power of amendment is unlimited except that the basic structure of the Constitution cannot be amended. What then is the basic structure ?

In Kesavananda's case (supra), Sikri CJ. stated at page 165 as under:

whether "The learned Attorney-General said that every Articles 291, provision of the Constitution is essential; otherwise, it would 362, 366(22) not has been put in the Constitution. This is true. But this does not place every provision of the Constitution in the same position. The true position is that every provision of the Constitution can be amended provided in the result the basic foundation and structure of the constitution remains the same. The basic structure may be said to consist of the following features :

Commenting on this case and Golaknath's decision, Subba Rao, Ex. C.J.I. in 'The two judgments : Golaknath and Kesavananda Bharati"

(supra) says at page 18:

"The result is that the Supreme Court by majority declared that the Parliament under the Indian Constitution is not supreme, in that it cannot change the basic structure of the Constitution. It also declared by majority that under certain circumstances, the amendment of the fundamental rights other than the right to property would affect the basic structure and therefore would be void. The question whether the amendment of the fundamental right to property would under some circumstances affect the basic structure of the Constitution is not free from doubt; the answer depends upon the view the Supreme Court takes hereafter of the impact of the opinion of Matthew, Beg, Dwivedi and Chandrachud, JJ. the funda mental rights are the basic features of the Constitution-on the opinion of the six judges, who held that the core of the fundamental rights is part of the basic structure of the Constitution. One possible view is that together they form a clear majority on the content of the basic structure; another possible view is that their opinion should be read along with that the entire Constitution, except perhaps the bare machine of Government, could be repealed by amendment."