Subject: Indian Polity

The Supreme Court of India has emerged as a crucial institutional safeguard against arbitrary constitutional amendments through its interpretative evolution of the Basic Structure Doctrine and judicial review powers.

Constitutional Framework for Amendments

• The Parliament's power to amend the Constitution stems from Article 368, which provides for different procedures based on the nature of amendments.
• The amendment process requires special majority voting (2/3rd of members present and voting) and in some cases, ratification by half of the state legislatures.
• The 42nd Amendment Act attempted to place constitutional amendments beyond judicial scrutiny, but was later struck down through judicial intervention.

Role of Supreme Court in Checking Amendment Powers

• The landmark Kesavananda Bharati case (1973) established that Parliament cannot alter the Basic Structure of the Constitution.
• The Court has identified essential features like:
  • Federalism, Secularism, and Democracy
  • Independence of Judiciary
  • Rule of Law and Free and Fair Elections
• Recent judgments have reinforced the Court's role in reviewing constitutional amendments, ensuring they don't violate fundamental rights or democratic principles.

Critical Analysis

Positive Aspects

• Acts as a guardian of fundamental rights and prevents authoritarian tendencies.
• Ensures constitutional stability while allowing necessary changes for social progress.
• Maintains checks and balances between different organs of government.

Challenges

• Criticism of judicial overreach and interference in legislative domain.
• Lack of clear definition of what constitutes the Basic Structure.
• Potential for policy paralysis due to fear of judicial intervention.

Way Forward

• Need for balanced approach between parliamentary sovereignty and judicial oversight.
• Development of clear guidelines for identifying basic structure elements.
• Strengthening institutional mechanisms for collaborative constitutional interpretation.

The Supreme Court's role as the guardian of the Constitution remains vital in maintaining India's democratic fabric. While its interventions have sometimes been criticized as overreach, they have largely served to protect the constitutional values and prevent arbitrary amendments, as evidenced by recent rulings establishing timelines for Governors' actions on Bills in 2025. The challenge lies in striking the right balance between necessary constitutional evolution and preservation of its fundamental principles.