Question

“Parliament’s power to amend the Constitution is a limited power and it cannot be enlarged into absolute power.” In the 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?

Answer 1

The statement that "Parliament’s power to amend the Constitution is a limited power and it cannot be enlarged into absolute power" is rooted in the landmark decision by the Supreme Court of India in the Kesavananda Bharati v. State of Kerala case in 1973. This case established the Basic Structure Doctrine, which asserts that while Parliament has the authority to amend the Constitution under Article 368, it cannot alter or destroy its basic structure. Here is an explanation of this principle and its implications on the amending power of Parliament:

Article 368 of the Indian Constitution

• Scope of Article 368:
  • Article 368 grants Parliament the power to amend the Constitution, enabling it to make changes to the Constitution’s provisions to address changing needs and circumstances.
  • The procedure for amendment is specified in Article 368, which outlines different types of amendments, requiring different levels of legislative approval (simple majority, special majority, and in some cases, ratification by states).

Basic Structure Doctrine

Kesavananda Bharati Case (1973)

• Background:
  • The case arose out of a challenge to the 24th, 25th, and 29th Amendments, which sought to curtail the power of judicial review and assert the supremacy of Parliament’s amending power.
• Judgment:
  • The Supreme Court held that Parliament’s power to amend the Constitution is not unlimited. It cannot alter the “basic structure or framework” of the Constitution.
  • The ruling established that certain fundamental features of the Constitution, such as democracy, secularism, federalism, separation of powers, and judicial review, are part of its basic structure and cannot be amended.

Implications of the Basic Structure Doctrine

• Limitations on Amending Power:

  • Parliament cannot use its power under Article 368 to enact constitutional amendments that destroy or alter the basic structure of the Constitution.
  • Any amendment that attempts to alter the basic structure can be declared unconstitutional by the judiciary, thus acting as a check on Parliament’s amending power.

• Judicial Review:

  • The doctrine underscores the role of the judiciary as the guardian of the Constitution, empowered to review constitutional amendments to ensure they do not violate the basic structure.
  • This reinforces the principle of checks and balances, preventing any single branch of government from exercising unchecked power.

Subsequent Judicial Interpretations

1. Indira Gandhi v. Raj Narain (1975):

   • The Supreme Court applied the Basic Structure Doctrine to invalidate Clause 4 of the 39th Amendment, which sought to place the election of the Prime Minister beyond judicial scrutiny.

2. Minerva Mills v. Union of India (1980):

   • The Court struck down parts of the 42nd Amendment, reaffirming that the amending power of Parliament under Article 368 is subject to the basic structure limitation.

3. I.R. Coelho v. State of Tamil Nadu (2007):

   • The Court held that laws placed under the Ninth Schedule after April 24, 1973, are subject to judicial review if they violate the basic structure, further reinforcing the doctrine’s applicability.

Conclusion

Parliament’s power to amend the Constitution under Article 368 is significant but not absolute. The Basic Structure Doctrine, established by the Supreme Court in the Kesavananda Bharati case, ensures that certain fundamental principles of the Constitution remain inviolable. This doctrine acts as a safeguard against potential abuses of power by Parliament, maintaining the integrity and identity of the Constitution over time. While Parliament can amend the Constitution to adapt to changing needs, it cannot do so in a manner that alters its basic structure, thus preserving the core values and principles upon which the Indian democratic system is built.