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20. Constitution of a country, as stated by Hans Kelson, noted jurist and philosopher in his treatise, Pure Theory of Law is Grundnorm or fundamental law of the State. All norms are to conform to the basic or fundamental norm. A norm or law in conflict with Grundnorm or fundamental law, is void. The Constitution itself has fundamental features that cannot be modified or changed as any such modification or change is to damage and destroy the fabric of Constitution. While legislature is given power to suitably amend the Constitution or fundamental law, to keep pace with changing circumstances and meet new challenges, the power does not extend to amendment of Basic Structure of the Constitution. An amendment to any of the Constitutional provisions that changes Basic Structure of the Constitution, is void like a law that offends the Constitution.

234); State of Kerala vs. Union of India (AIR 1978 SC 68); High Court of Judicature at Bombay versus Suresh Kumar RangraoPatil (AIR 1997 SC 2631); and recently in Supreme Court Advocates on Record versus Union of India (2015) AIR SCW 5457. It is neither possible nor proper to make an exhaustive list of features that constitute Basic Structure of a Constitution. It has been held that for determining what part or feature of Constitution is its Basic Structure, one has perforce to examine in each case, place of particular feature in the Constitutional scheme, its object and purpose and consequence of its amendment on the integrity of the Constitution. Supremacy of the Constitution, democracy, independence of judiciary, rule of law, socialist, secular foundation of polity are amongst the Constitutional features that have been held to constitute basic Structure of the Constitution and therefore not amendable in exercise of amending power provided under the Constitution.

23. Constituent power is to be distinguished from legislative power. State legislature does not have Constituent power. Section 147, State Constitution does not make mention of Constituent power, though expression is used in Art 368 Constitution of India. Even if state legislature is said to have Constituent Power such Constituent Power is different from the Constituent power of the Constituent Assembly. It is to be appreciated that at the time Constitution is framed, Constituent Power is unfettered and without any limits. Constituent Assembly in exercise of its Constituent power is free to frame a Constitution with framework as agreed upon by it. But once Constitution is framed, the constituent power is limited by Basic Structure of the Constitution and cannot be exercised to change Basic structure of the Constitution. Amending Basic Framework of the Constitution is therefore beyond amending power of the State Legislature.

24. Constitutional autonomy guaranteed to the State is Basic Structure of State Constitution and beyond amending power available to the State Legislature under Section 147 of the Constitution. One of important facets of autonomy enjoyed by the State and therefore Basic Structure of the State Constitution as recommended by Basic principles committee, was elected Head of State. Section 26 of Constitution provided that Head of the State (SadriRiyasat) shall be elected in the manner, provided under Section 27. The Head of the State as provided under Section 27, of the Constitution, was to be elected by people of the State through their representatives in State Legislatures. The Constitution of Jammu & Kashmir (Sixth Amendment) Act 1965 amended the State Constitution and replaced Sadri Reyasat by Governor. In terms of aforestated amendment Governor is appointed by the President and is to be Head of the State. The office of Head of the State in wake of amendment ceases to be elective. The sixth amendment therefore did not merely change the nomenclature but the eligibility, mode and method of appointment of Head of the State. The elective status of Head of the State was an important attribute of Constitutional autonomy enjoyed by the State, a part of Basic Framework of the State Constitution and therefore not within the amending power of the State legislature. It is questionable whether Constitution of Jammu & Kashmir (sixth Amendment) Act, 1965, to the extent it amended Section 26 and 27 of Constitution of Jammu and Kashmir and all connected provisions of the Constitution, satisfies the Basic Structure doctrine and falls within the ambit of power under section 147 of the State Constitution. In absence of challenge to Jammu & Kashmir Constitution (sixth Amendment) Act 1965, it would be appropriate to leave it to State Legislature to consider the matter and take measures as required to uphold the Constitution. The Legislature is equally under a constitutional obligation to uphold the Constitution and rectify an error, wherever necessary. A Jurist has said that to perpetuate an error is no heroism and to rectify it is compulsion of conscience. Be that as it may Constitutional autonomy of the State provided under Constitution of Jammu & Kashmir, is Basic Structure of the Constitution and beyond amending power of State Legislature under section 147, Constitution of Jammu & Kashmir.