ISSUE:
Whether making a change in a basic feature of the Constitution can be regarded merely as an amendment or would it be, in effect, rewriting a part of the Constitution; and if the latter, would it be within the purview of Article 368?
RULE:
Justice Khanna has explained that Fundamental Rights are the key features which have been granted to all the citizen of the Country, before the proposition of the basic structure, any part of the Constitution inclusive of Fundamental Rights were amenable by the Parliament through Article 368 of the Constitution of India. The Constitution of India has basic features, this concept was first theorised in the year 1964 by Justice J.R. Mudholkar in this case. He mentioned that it is matter for consideration that making a change in a basic feature of the Constitution of India can be regarded merely as an amendment or would it be, in effect, rewriting a part of the Constitution; and if the latter, would it be within the purview of Article 368.