Parliament’s power to amend the constitution is limited power 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?. (UPSC IAS Mains 2019 General Studies Paper – 2)
Article 368 of the Indian constitution gives the parliament the power to amend by way of addition, variation or repeal any provision of the constitution in accordance with the procedure laid down by the law. The power to amend the constitution is necessary to overcome the challenges and to meet the demands for the nation’s growth and development. However, in the process of amending the constitution under Article 368, the Parliament at times have breached the constitutional limits by transgressing the areas related to federal relation between Union and States, issues of Individual liberty and to a certain extent misused Article 368 itself. This is evident from amendments like 25th and 42nd Constitutional amendment Acts which has threatened the principle of constitutionalism.
Therefore, the Supreme Court intervened to create a harmonious balance between fundamental rights and the Directive Principles which eventually led to the emergence of the doctrine of ‘basic structure’ of the constitution.
The emergence and the application of the doctrine of ‘basic structure’ can be seen in light of following Supreme Court judgments:
- Kesavananda Bharati Case (1973): The Supreme Court held that Parliament’s power to amend the constitution is limited as it cannot alter the ‘basic structure’ of the constitution.
- A limited amending power is one of the basic features of the constitution and, therefore, the limitations on that power cannot be destroyed.
- Parliament cannot, under Article 368, expand its amending power so as to acquire for itself the right to repeal or abrogate the Constitutional provisions which threatens the basic features or the Constitution itself.
- Minerva Mills v/s Union of India Case (1980): The Supreme Court struck down clauses (4) and (5) of Article 368 inserted by 42nd Amendment, on the ground that these clauses destroyed the essential feature of the basic structure of the constitution.
- Chandra Kumar v/s Union of India (1997): The judgment held that every provision of the Constitution was open to amendment provided the basic foundation or structure of the Constitution was not damaged or destroyed.
Thus, Parliament is restricted in its power to amend the Constitution so that the soul of Constitution as envisaged by founding father of India remains intact. It is to be noted that, the doctrine of basic structure does not undermine the legislative competence of the parliament, rather it helps in maintaining the supremacy of the constitution and upholding the constitutional spirit.
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