Roadmap for Answer Writing
Introduction
- Definition of Amending Power: Briefly explain Parliament’s power to amend the Constitution under Article 368.
- Thesis Statement: State that this power is limited and cannot be enlarged to destroy the Basic Structure of the Constitution.
Body
1. Understanding Article 368
- Legal Provision: Describe Article 368, which provides the procedure for amending the Constitution.
- Nature of Power: Emphasize that this power is not absolute but subject to limitations.
2. Basic Structure Doctrine
- Origin: Introduce the Basic Structure doctrine established in the landmark case:
- Fact: Kesavananda Bharati v. State of Kerala (1973).
- Court’s Ruling: Explain the Supreme Court’s ruling that Parliament cannot alter or destroy the Basic Structure.
- Key Elements of Basic Structure: Include aspects like:
- Rule of law
- Separation of powers
- Judicial review
- Democracy
- Federalism
- Key Elements of Basic Structure: Include aspects like:
3. Subsequent Reinforcement of the Doctrine
- Further Cases: Mention key cases that reaffirmed the Basic Structure doctrine:
- Fact: Indira Nehru Gandhi v. Raj Narain (1975).
- Fact: Minerva Mills v. Union of India (1980).
- Implications: Discuss how these rulings reinforced the limitations on Parliament’s amending power.
4. Conclusion on Amending Power
- Limitations on Expansion: Conclude that Parliament cannot expand its amending power to destroy the Basic Structure.
- Role of the Judiciary: Emphasize the judiciary’s role in safeguarding the Constitution’s foundational principles.
Relevant Facts to Include
- Article 368: Defines Parliament’s power to amend the Constitution.
- Basic Structure Doctrine: Established in Kesavananda Bharati v. State of Kerala (1973).
- Key Elements of Basic Structure: Rule of law, separation of powers, judicial review, democracy, federalism.
- Reinforcement in Other Cases:
- Indira Nehru Gandhi v. Raj Narain (1975): Reinforced limits on amending power.
- Minerva Mills v. Union of India (1980): Further solidified the doctrine.
- Judicial Safeguard: The judiciary’s role in protecting the Basic Structure from amendments.
Limits of Parliament’s Power to Amend the Constitution and the Basic Structure Doctrine
Introduction: Article 368 of the Indian Constitution grants Parliament the power to amend the Constitution. However, the extent and limits of this power have been a subject of significant legal and constitutional debate. The key question is whether Parliament, under this provision, can destroy the Basic Structure of the Constitution by expanding its amending power.
Article 368 and Parliamentary Power: Article 368 empowers Parliament to amend the Constitution by way of adding, varying, or repealing provisions. This power, however, is not absolute. While Parliament can amend the Constitution to address changing needs and circumstances, this power is circumscribed by the fundamental principles underlying the Constitution.
Basic Structure Doctrine: The Basic Structure Doctrine was established by the Supreme Court in the landmark Kesavananda Bharati case (1973). The doctrine holds that certain fundamental features of the Constitution, which form its basic structure, cannot be altered or destroyed by amendments. These features include the supremacy of the Constitution, federalism, secularism, democracy, and the rule of law.
Parliamentary Limits: According to the Basic Structure Doctrine, Parliament’s amending power under Article 368 does not extend to altering or destroying the basic structure of the Constitution. This limitation ensures that fundamental principles remain intact despite changes in the Constitution. The Supreme Court has reaffirmed this doctrine in subsequent cases, emphasizing that while Parliament can amend the Constitution, it cannot use this power to undermine its core principles.
Judicial Oversight: The judiciary plays a crucial role in overseeing and ensuring that constitutional amendments do not infringe upon the basic structure. The power of judicial review allows the courts to examine amendments and ensure they comply with the Constitution’s core principles. This oversight mechanism acts as a check on the potential misuse of amending power by Parliament.
Conclusion: While Parliament under Article 368 has substantial power to amend the Constitution, this power is not limitless. The Basic Structure Doctrine ensures that Parliament cannot destroy the Constitution’s fundamental principles through amendments. Judicial oversight further reinforces this limitation, maintaining the integrity and stability of the Constitution while allowing for necessary changes and adaptations.
The Indian Parliament’s power to amend the Constitution is indeed limited and cannot be expanded into an absolute power. This limitation is crucial to prevent the misuse of amending authority. Article 368 of the Indian Constitution outlines the procedure for constitutional amendments, but it’s essential to understand that Parliament cannot alter the Constitution’s “Basic Structure” .
The “Basic Structure Doctrine” was first introduced in the landmark case of Kesavananda Bharati v. State of Kerala (1973), where the Supreme Court ruled that Parliament’s power to amend the Constitution is limited and cannot be used to destroy its basic structure . This doctrine has been reaffirmed in subsequent cases, including Minerva Mills v. Union of India (1980) and Chandra Kumar v. Union of India (1997) .
The basic features of the Constitution that are protected by this doctrine include:
– *Supremacy of the Constitution*
– *Secular Character of the Constitution*
– *Federal character of the Constitution*
– *Unity and integrity of the nation*
– *Sovereign, democratic, and republican nature of the Indian polity*
– *Welfare state (socio-economic justice)*
– *Judicial review*
– *Freedom and dignity of the individual*
– *Parliamentary system*
– *Separation of powers between the Legislature, the Executive, and the judiciary*
– *Rule of law*
These fundamental principles ensure that the Constitution’s essence remains intact, even as Parliament exercises its amending power. The doctrine of basic structure maintains the supremacy of the Constitution and upholds the constitutional spirit, preventing Parliament from misusing its authority .
Model Answer
Introduction
The power of Parliament to amend the Constitution of India is enshrined in Article 368. However, this power is not absolute and is subject to limitations, particularly as established by the Supreme Court through the Basic Structure doctrine.
Body
The Basic Structure doctrine was articulated in the landmark case of Kesavananda Bharati v. State of Kerala (1973). In this case, the Supreme Court held that while Parliament has the authority to amend the Constitution under Article 368, it cannot alter or destroy the Basic Structure of the Constitution. This Basic Structure includes fundamental principles such as the rule of law, separation of powers, judicial review, democracy, and federalism.
The Court emphasized that the power to amend the Constitution does not extend to undermining these essential features. This principle was further reinforced in subsequent cases, including Indira Nehru Gandhi v. Raj Narain (1975) and Minerva Mills v. Union of India (1980), where the judiciary reiterated that Parliament cannot use its amending power to dilute or destroy the Basic Structure.
In light of this doctrine, it is clear that Parliament cannot expand its amending power under Article 368 to a degree that would allow it to destroy the Basic Structure of the Constitution. The Basic Structure doctrine serves as a safeguard against potential abuses of the constitutional amendment power, ensuring that the foundational principles and values of the Constitution remain intact.
Conclusion
The Indian Supreme Court has established the Basic Structure doctrine to protect the core principles of the Constitution and preserve the democratic fabric of the country. This doctrine ensures that while Parliament has significant powers to amend the Constitution, those powers are not limitless.