Sambhav-2025

Approach In introduction briefly explain the amendment power and its limitations. Explain the Basic Structure Doctrine and its judicial evolution. Discuss key judgments that reinforce constitutional limitations with examples where amendments were struck down. Conclude suitably.

Introduction

The power to amend the Constitution, granted under Article 368, is not absolute. As propounded in the Kesavananda Bharati Case, 1973,the Basic Structure Doctrine limits this power to prevent Parliament from altering the fundamental identity of the Constitution. The Supreme Court has upheld this principle to protect constitutional supremacy and democratic values.

Body

• Basic Structure Doctrine (Kesavananda Bharati Case, 1973):
  • The Supreme Court ruled that while Parliament can amend the Constitution, it cannot alter its "basic structure".
  • Ensures core principles like sovereignty, democracy, federalism, secularism, and judicial review remain intact.
• Implications of the Doctrine:
  • Prevents authoritarianism: Ensures Parliament does not unilaterally alter democratic principles.
  • Judicial Safeguard: Provides the Supreme Court power to review amendments.
  • Maintains Constitutional Identity: Protects federalism, secularism, and judicial independence.
  • Ensures Balance: While amendments enable growth, they cannot dismantle foundational principles.
• Key Judicial Interpretations Reinforcing the Doctrine:
  • Kesavananda Bharati Case (1973): Established the doctrine, ruling that amendments cannot destroy the Constitution’s fundamental identity.
  • Indira Gandhi v. Raj Narain (1975): Struck down the 39^th Amendment, which sought to exempt the Prime Minister’s election from judicial review.
  • Minerva Mills Case (1980): Invalidated parts of the 42^nd Amendment, reaffirming that judicial review and balance of power are part of the Basic Structure.
  • Waman Rao Case (1981): Clarified that laws violating the Basic Structure, even if included in the Ninth Schedule, can be reviewed by the judiciary.
  • IR Coelho Case (2007): Held that any law violating the Basic Structure, even under the Ninth Schedule, is subject to judicial review.
• Examples Where Amendments Were Struck Down:
  • 99^th Amendment (2014) - NJAC Case (2015): Declared unconstitutional as it undermined judicial independence, violating the Basic Structure.
  • First, Fourth, and Seventeenth Amendments (Right to Property Cases): Subjected to judicial scrutiny under the Basic Structure Doctrine.

Conclusion

The power to amend is essential for constitutional adaptability but must align with India’s fundamental values. The Basic Structure Doctrine serves as a constitutional safeguard, ensuring balance between flexibility and rigidity preserves the Constitution’s integrity.