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Showing contexts for: basic structure doctrine in The State Of Telangana vs M/S Tirumala Constructions on 20 October, 2023Matching Fragments
76. It is unnecessary to recount the well documented path that led to the amendment of Article 368 and the subsequent amendments or the fate they met with. What needs to be underlined is that unlike ordinary legislation, which is traced to the power of Parliament or any other legislative body, the amendment power is distinct inasmuch as it is expressly a constituent power. In Kesavananda Bharati v State of Kerala31 case, the largest bench formed, this court ever sat in (13 Judges) declared that the power under Article 368 though constituent and though seemingly unbounded and does not expressly constrict, yet has impliedly limited by the “essential features” or “basic structure” doctrine.