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In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court propounded the 'Basic Structure Doctrine'. Which of the following was NOT explicitly identified as part of the basic structure in this judgment?
- Supremacy of the Constitution
- Republican and democratic form of government
- Secular character of the Constitution
- Right to property as a fundamental right
Answer: Right to property as a fundamental right
Kesavananda Bharati (1973) basic structure elements: (a) Core holdings: 13-judge bench held Parliament can amend Constitution under Article 368 but cannot alter its 'basic structure', (b) Identified basic features: (i) Supremacy of Constitution, (ii) Republican and democratic form of government, (iii) Secular character, (iv) Federalism, (v) Separation of powers, (vi) Judicial review, (vii) Rule of law, (viii) Individual dignity, (c) Right to property: Was a Fundamental Right under Article 31 but removed by 44th Amendment (1978); NOT part of basic structure - Parliament can amend property rights as long as basic structure preserved, (d) Applications: (i) Subsequent cases used basic structure to strike down amendments violating core features, (ii) Property rights: Can be regulated/modified through amendment if public purpose, compensation principles followed, (e) Illustrates calibrated amendment power: Parliament has wide amending power but core constitutional identity protected through basic structure doctrine.