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In Kesavananda Bharati v. State of Kerala (1973), which of the following was explicitly identified by the Supreme Court as part of the basic structure of the Constitution?
- Right to property as a fundamental right
- Parliamentary sovereignty without limits
- Supremacy of the Constitution and judicial review
- Unlimited amending power of Parliament
Answer: Supremacy of the Constitution and judicial review
Kesavananda Bharati (1973) basic structure features: (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) NOT basic structure: (i) Right to property: Was 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, (ii) Parliamentary sovereignty: Parliament's amending power limited by basic structure; not unlimited sovereignty, (iii) Unlimited amending power: Explicitly rejected; amendment power cannot destroy basic structure, (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) Rationale: (i) Constitutional identity: Basic structure preserves core values defining Indian constitutionalism, (ii) Democratic safeguards: Prevents transient majorities from destroying foundational democratic features, (iii) Rights protection: Ensures Fundamental Rights forming part of basic structure remain protected, (f) Illustrates calibrated amendment power: Article 368 enables constitutional adaptation, but basic structure doctrine preserves core identity; balance between flexibility, permanence essential to living constitutionalism.