GS Question

The statement suggests that Parliament's power to amend the Constitution is circumscribed and cannot be broadened into an unrestricted or absolute power. It raises the question of whether Parliament, under Article 368 of the Indian Constitution, has the authority to dismantle or destroy the Basic Structure of the Constitution by extending its amending power.

The concept of the Basic Structure was propounded by the Supreme Court of India in the landmark case of Kesavananda Bharati v. State of Kerala in 1973. The court held that while Parliament possesses the power to amend the Constitution, such power is not unlimited. It stated that there are certain essential features of the Constitution, known as the "Basic Structure," which cannot be altered even by formal amendment. The court's rationale behind this was to prevent the abuse of amending power that could potentially undermine the core principles and values enshrined in the Constitution.

Therefore, according to the doctrine of Basic Structure, Parliament cannot destroy or alter those fundamental aspects of the Constitution that form its foundation and are essential for preserving its integrity and democratic nature. These aspects encompass principles such as the supremacy of the Constitution, separation of powers, judicial review, federalism, secularism, and democracy.

Although Article 368 provides Parliament with the ability to amend the Constitution, it cannot be utilized to obliterate the Basic Structure. Any amendment seeking to destroy the Basic Structure would be unconstitutional and liable to be struck down by the judiciary as void. The judiciary acts as a guardian of the Constitution and has the power of judicial review to ensure that changes made by Parliament do not violate the Basic Structure.

In conclusion, Parliament's power under Article 368 of the Constitution is restricted and cannot be expanded into absolute power. It cannot destroy the Basic Structure of the Constitution as determined by the judiciary. The Basic Structure doctrine serves as a safeguard against potential misuse of amending power, ensuring the preservation of the Constitutional principles that form the bedrock of Indian democracy.