A day after asserting in the MPs expulsion case that acts of Parliament are amenable to judicial scrutiny, theSupreme Court ruled that even though an Act is put in the Ninth Schedule by a Constitutional amendment, its provisions would be open to attack on the ground that they destroy or damage the basic structure, if the Fundamental Rights are taken away or abrogated pertaining to the basic structure.
"Justification for conferring protection, not blanket protection, on the laws included in the Ninth Schedule by Constitutional amendments shall be a matter of Constitutionaladjudication by examining the nature and extent of infraction of a Fundamental Right by a statute sought to be Constitutionallyprotected."