"The basic structure of the Constitution in effect limits the amending power of the Parliament." – Discuss.

Question

Ghissu Editorial · Accepted Answer

The basic structure doctrine, laid down in Kesavananda Bharati (1973), does limit Parliament's amending power under Article 368, since amendments cannot destroy core features like judicial review, federalism and secularism. Minerva Mills (1980) used it to strike down provisions excluding judicial review, though critics warn of judicial overreach.

**Introduction**

The basic structure doctrine, established by the Kesavananda Bharati case⟦1⟧ (1973), limits Parliament’s amending power under Article 368 to protect the Constitution⟦2⟧’s core features. Recent attempts like the Constitution (130th Amendment) Bill, 2025, highlight its continuing relevance in safeguarding constitutional democracy and preventing arbitrary legislative changes.

**Concept and Origin**

1. **Judicial Innovation**: Kesavananda Bharati introduced the doctrine, preventing Parliament from altering the Constitution’s essential features like secularism, federalism, and judicial review.  
2. **Core Elements**: The Court identified key components such as supremacy of the Constitution, separation of powers, and parliamentary system without exhaustive definition.  
3. **Balancing Change and Continuity**: The doctrine allows constitutional evolution while preserving foundational identity, ensuring amendments do not erode democratic governance or constitutional morality.

**Limits on Parliament’s Power**

1. **Judicial Review**: The Supreme Court invalidated amendments excluding judicial review in Minerva Mills (1980), affirming it as a basic structure element.  
2. **Fundamental Rights Protection**: I.R. Coelho v. State of Tamil Nadu (2007) reinforced that fundamental rights cannot be arbitrarily amended or abrogated.  
3. **Restriction on Parliamentary Sovereignty**: The doctrine curtails absolute sovereignty by preventing Parliament from reducing the Constitution to a mere statute.  
4. **Contemporary Issues**: The 130th Amendment Bill, 2025, is criticized for threatening federalism and separation of powers, showing the doctrine’s role in checking parliamentary sovereignty.

**Implications**

1. **Preserving Constitutional Identity**: The doctrine maintains governance stability and minority rights against majoritarianism.  
2. **State Safeguards**: ==Andhra Pradesh== benefits from the doctrine protecting federalism and state autonomy post-bifurcation.  
3. **Judicial-Parliamentary Balance**: It fosters constitutionalism by balancing Parliament’s mandate with judicial protection of core principles.

**Conclusion**

The basic structure doctrine ensures constitutional amendments respect foundational principles, balancing Parliament’s power with judicial oversight to protect democracy and the Constitution’s enduring identity.

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