Basic Structure of Constitution: Impact of Kesavananda Bharati on Constitutional Status of Fundamental Rights

Kesavananda Bharati was a mile stone in the constitutional history of India after Golak Nath. In Golak Nath, the Indian parliament was incapacitated to amend any fundamental right, guaranteed in the Constitution, while in Kesavananda case, the amendment power of Parliament was recognized, but was limited to the extent that it would not take away the basic structure of the Constitution. However, what was basic structure could be agreed upon. Gradually, in the following cases, fundamental rights were recognized as a part of basic structure therefore, unamendable by Parliament, even with hundred percent majorities of its both Houses. Later case-law, categorically established that Article 21, along with other fundamental rights, was also a part of the basic structure. Now, it is well-recognized principle that any constitutional amendment can be tested on the yardstick of Article 21.&nbsp