“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? (UPSC 2019, 15 Marks, )

EN ह

The power of Parliament to amend the Constitution is a crucial aspect of Indian polity. However, it is important to analyze whether this power can be expanded to the extent of destroying the basic structure of the Constitution. This question has been a subject of debate and has been addressed by the judiciary in various landmark cases.

Parliament's Power to Amend the Constitution

•   Limited power: The power of Parliament to amend the Constitution is not absolute and is subject to certain limitations.

•   Procedure: The amendment process requires a special majority in both houses of Parliament, as well as ratification by at least half of the state legislatures.

•   Scope of amendment: Parliament can amend any part of the Constitution, including fundamental rights, directive principles, and federal provisions.

Can Parliament destroy the Basic Structure of the Constitution?

•   Expansion of amending power: The question arises whether Parliament can expand its amending power to the extent of destroying the basic structure.

•   Judicial interpretation: The Supreme Court has consistently held that Parliament cannot destroy the basic structure of the Constitution, even by expanding its amending power.

•   Kesavananda Bharati case: In the landmark Kesavananda Bharati case, the Supreme Court held that the basic structure of the Constitution is inviolable and cannot be amended.

•   Judicial review: The power of judicial review allows the judiciary to strike down any constitutional amendment that violates the basic structure.

•   Doctrine of implied limitations: The Supreme Court has also recognized the doctrine of implied limitations, which means that even if a constitutional amendment does not explicitly violate the basic structure, it can still be struck down if it undermines the basic structure.

•   Balance of power: The basic structure doctrine ensures a balance of power between the three organs of the state- legislature, executive, and judiciary.

•   Protecting fundamental rights: The basic structure doctrine also protects fundamental rights and ensures that they cannot be easily amended or abrogated by Parliament.

•   Constitutional stability: The basic structure doctrine provides stability to the Constitution by preventing arbitrary changes and ensuring that the core principles of the Constitution remain intact.

judiciary has consistently held that Parliament cannot destroy the basic structure of the Constitution through its amending power. The concept of the basic structure acts as a safeguard to protect the fundamental principles and values of the Constitution. Any amendment that violates these principles can be struck down by the judiciary.