Parliament’s power to amend the Constitution is
limited and it cannot be enlarged into absolute
power.” In light of this statement explain whether
Parliament under Article 368 of the Constitution
can destroy the Basic Structure of the Constitution
by expanding its amending power.

GS 2
Indian Polity
2019
15 Marks

Subject: Indian Polity

India's constitutional framework rests on the delicate balance between Parliament's power to amend the Constitution and the judiciary's role in safeguarding its essential features through the Basic Structure Doctrine. This doctrine, established in the landmark Kesavananda Bharati case (1973), serves as a crucial check on parliamentary supremacy.

Constitutional Provisions and Limitations

  • Article 368 empowers Parliament to amend the Constitution through a special procedure requiring ratification by state legislatures for certain provisions.
  • The amending power is subject to both procedural limitations (special majority) and substantive limitations (Basic Structure Doctrine).
  • The 42nd Amendment Act's attempt to give Parliament unlimited amending power was struck down in the Minerva Mills case (1980).

Basic Structure Doctrine: A Constitutional Safeguard

  • The doctrine protects fundamental features like:
    • Supremacy of Constitution
    • Republican and Democratic form of government
    • Separation of Powers
    • Federal Character
    • Secular nature of the State
  • These features cannot be altered even through constitutional amendments.

Judicial Interpretations and Evolution

  • The Supreme Court's 2024 ruling clarified that while specific constitutional provisions can be challenged, the Basic Structure remains inviolable.
  • The Minerva Mills case established that Parliament cannot expand its amending power to destroy the basic features.
  • The doctrine ensures a balance between flexibility and stability in constitutional governance.

Significance and Contemporary Relevance

  • Prevents arbitrary constitutional changes that might undermine democracy.
  • Ensures checks and balances between different organs of government.
  • Protects fundamental rights and democratic values from legislative overreach.
  • Recent debates on AI regulation and federal spending highlight the need for constitutional stability.

The Basic Structure Doctrine remains a cornerstone of India's constitutional democracy, ensuring that while the Constitution can be amended to meet evolving needs, its essential character remains protected. The doctrine serves as a constitutional firewall, preventing any attempt to convert India's limited government into an absolute one through constitutional amendments.

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