DWQA QuestionsCategory: GS Paper IIQ. “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? (2019, 15 Marks, 250 Words)
1 Answers
Nandhini J answered 4 years ago

Indian constitution can be amended using article 368.But it has certain limitations which prevent the constitution from loosing its basic structure.
Parliament cannot destroy basic structure of constitution
This can be understood by the landmark judgement given in Keshavandha barthi case(1971)
It states that,parliament has the power to ammend any part of the constitution including fundamental rights and preamble
But the court also verdicted that parliament cannot takeaway or alter the basic structure of the constitution.
Basic features of the constitution are the fundamental values that reflect the philosophy of the constitution.
Supreme court ruled exhaustive list of what consituties to be basic features.eg- judicial review,rule of law,democracy,supremacy of constitution etc….
Since constitutional supremacy is restored by court,parliaments cannot destroy basic feature of the constitution.
Parliament cannot amend to increase its amending power through art 368.
From the doctrine of  basic structure propounded by supreme court in keshavanandha barthi case,its mentioned that parliament cannot enlarge the amending power into absolute power.
    Limited power of Parliament to ammend constitution is one of the  basic feature.
Any amendment made to constitution is subjected to judicial review.
      If the court find any law violating the constitution,it can be declared void.

Recently the supreme court had struck down the constitutional amendment bill for establishing National Judicial Appointment commision as it violated the constitution.

Also under article 368,the Constitutiinal amendment bill must be passed in both houses with special majority.No joint sessions will be held if it fails in any one house.
Under 368,some constitutional bill involving intrests of state has to get ratified by state legistlatures of half of the  states to become an act.
Through varous landmark judgement such as Keshavanadha barthicase,waman rao case,(1981)its clear that parliament cannot alter the basic features of the constitution and cannot enlarge its ammending power arbitrarily.