India's Supreme Court serves as a constitutional guardian, preventing Parliament from making arbitrary amendments that could undermine democracy and fundamental rights.

Supreme Court's Checking Mechanism

• Basic Structure Doctrine: Established in Kesavananda Bharati case (1973), prevents Parliament from altering Constitution's essential features through Article 368 amendments
• Judicial Review Power: Court examines constitutional amendments for compliance with fundamental principles like rule of law, separation of powers, and democratic governance
• Interpretative Role: Supreme Court clarifies constitutional provisions and ensures amendments don't violate citizens' fundamental rights
• Procedural Scrutiny: Reviews whether proper parliamentary procedures under Article 368 are followed during amendment process
• Federal Balance: Protects federal structure by preventing amendments that might centralize excessive power

Parliamentary Sovereignty vs. Judicial Control

Recent Judicial Interventions

• November 2024 Ruling: Supreme Court clarified Basic Structure doctrine applies only to constitutional amendments, not ordinary legislation
• Constitution (129th Amendment) Bill 2024: Court's examination of simultaneous elections proposal demonstrates ongoing vigilance
• December 2024 Parliamentary Debates: Two-day constitutional discussions highlight ongoing legislature-judiciary dialogue
• NJAC Judgment (2015): Court struck down 99th Amendment for violating judicial independence

Critical Assessment

Strengths of Judicial Check

• Prevents authoritarian tendencies and protects democratic institutions
• Maintains constitutional stability and rule of law
• Safeguards fundamental rights from majoritarian excess

Limitations and Concerns

• Judicial Overreach: Critics argue courts exceed constitutional mandate
• Democratic Deficit: Unelected judges overrule elected representatives
• Ambiguous Scope: Basic structure doctrine lacks clear definition, creating uncertainty

The Supreme Court's constitutional review function remains essential for India's democracy, ensuring Parliament's amendatory power serves constitutional values rather than political convenience.