J & K National Panthers Party Vs The Union of India and others decided by Hon'ble Supreme Court of India on 09.11.10

Hon’ble Supreme Court of India observed as under "we must have a clear perception of what the Basic Structure is. It is hazardous to define what is the Basic Structure of the Constitution as what is basic does not remain static for all time to come. However, the basic features have been culled out from various pronouncements of this Court. In the 14th Edition of Shorter Constitution of India by D.D. Basu, these features have been noted as under:-

Supremacy of the Constitution.
a. Rule of law.
b. The principle of Separation of Powers.
c. The principles behind fundamental rights.
d. The objectives specified in the Preamble to the Constitution.
e. Judicial review; Art.32.; Arts.226/227.
f. Federalism
g. Secularism.
h. The sovereign, democratic, republican structure.
i. Freedom and dignity of the individual.
j. Unity and integrity of the Nation.
k. The principle of equality; not every feature of equality, but the quintessence of equal justice
l. The rule of equality in public employment.
m. The `essence' of other Fundamental Rights in Part III.
n. The concept of social and economic justice-to build a welfare State; part IV in to. 21
o. The balance between Fundamental Rights and Directive Principles.
p. The Parliamentary system of government.
q. The principle of free and fair elections.
r. Limitations upon the amending power conferred by Art. 368.
s. Independence of the judiciary; but within the four corners of the Constitution and not beyond that.
t. Independent and efficient judicial system.
u. Powers of the Supreme Court under Arts. 32, 136, 141, 142.
v. Effective access to justice."
Of these features `free and fair election' in Clause (r) comes closest with the question discussed in this case.
This Court has already held relying on the Constitution Bench judgment in Poudyal that ensuring uniformity in the value of votes is not a constitutionally mandated imperative of free and fair election under our constitutional dispensation. Therefore, the argument on the question of Basic Structure is also without substance and is rejected."