The validity of 39th Constitution amendment enacted in 1975 which (Article 39-A ) sought to place the election of the President, the Vice President, the Prime Minister and the Speaker of the Lok Sabha beyond the scrutiny of the constitutional courts was challenged in this case. The S.C. resorting to the theory of basic structure of the Constitution struck down Clause (4) of Article 329-A on the grounds that it was beyond the Parliament’s amending power as it destroyed the basic structure of the Constitution.
1976 2 SCR 347, AIR 1975 SC 2299
Basic Structure, Constitution, Constitutional Amendment, Representation of the People Act
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