ISSUE:
Whether on and after 24.4.1973 (Date of the judgment in Kesavananda Bharti v. State of Kerala when the basic structure doctrine was propounded, is it permissible for the parliament under Article 31-B to immunize legislations by inserting them into the ninth schedule and thus outside the purview of the courts and, if so, what was its effect on the power of judicial review of the court?
RULE:
It is the court that is to decide if this interference is justified and if does or does not amount to violation of the basic structure. As stated, the role of the court is “determination by court whether invasion was necessary and if so to what extent”.