Law optional 2022 Paper I

Amending power does not extend to damaging or destroying the basic structure or framework of our Constitution." Discuss.

Verified Answer

Core Legal Answer & Context: This statement encapsulates the 'Basic Structure Doctrine,' a fundamental principle of Indian constitutional law established by the Supreme Court. It asserts that while Parliament has the power to amend the Constitution under Article 368, this power is not absolute. Parliament cannot use its amending power to alter, damage, or destroy the fundamental features or the 'basic structure' of the Constitution. These basic features, though not exhaustively defined, include elements like the supremacy of the Constitution, republican and democratic form of government, secular character, separation of powers, federal character, judicial review, fundamental rights, and the rule of law. The doctrine acts as a check on legislative power, ensuring the Constitution's core identity and values are preserved.

Relevant Statutes and Sections: Indian Constitution: Article 368 (Power of Parliament to amend the Constitution and procedure therefor).

Important Landmark Cases:

  1. Kesavananda Bharati v. State of Kerala (1973): This landmark 13-judge bench decision established the Basic Structure Doctrine. The Court held that while Parliament can amend any part of the Constitution, it cannot amend provisions that form the 'basic structure' of the Constitution.
  2. Minerva Mills Ltd. v. Union of India (1980): The Supreme Court reaffirmed and elaborated on the Basic Structure Doctrine, striking down parts of the 42nd Amendment Act (specifically Sections 4 and 55) which sought to give Parliament unlimited amending power and preclude judicial review of constitutional amendments. This case solidified the doctrine's role in protecting fundamental rights and judicial review.

Clear Conclusion: The Basic Structure Doctrine is a pivotal judicial innovation that safeguards the foundational principles and core identity of the Indian Constitution. It ensures that the Constitution's essential framework remains inviolable, preventing legislative overreach and preserving the democratic and constitutional values upon which the nation is built.