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Every judicial pronouncement contains a set of facts, issues and ratio decidendi with an analysis which forms the decision of the case. Every case has a history, becomes a history and can create a history. Kesavanandha Bharthi Case (1973 ) 4 SCC 225 is a history by it self. Several constitutional doctrines were consolidated under the umbrella of basic structure, such as, rule of law and separates the powers. It is important to analyze 'in the context of election law as free and fair election form as part of basic structure.