Q4. The Supreme Court of India keeps a check on the arbitrary power of the Parliament in amending the Constitution. Discuss critically.

Model Answer:

Introduction

The Supreme Court of India, through judicial review, safeguards the Constitution by ensuring that Parliament's amending power does not exceed its limits. This power stems from the landmark Kesavananda Bharati v. State of Kerala (1973) case, where the Supreme Court established the Basic Structure Doctrine, ruling that Parliament cannot amend the Constitution in a way that destroys its fundamental framework.

Body

Role of the Supreme Court:

• Protection of Fundamental Rights: The Court prevents Parliament from amending the Constitution to infringe on citizens' fundamental rights.
• Safeguarding Democracy: By upholding principles like separation of powers, the judiciary ensures that Parliament does not undermine democratic values.
• Maintaining Constitutional Integrity: Through the Basic Structure Doctrine, the Court restricts amendments that could destabilize foundational principles, like secularism and judicial independence.

Conclusion

‍While the Supreme Court’s oversight helps prevent arbitrary amendments, critics argue it limits parliamentary sovereignty. However, this balance is essential to protect India’s democratic ethos and uphold constitutional sanctity.

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