The Constitution of India can be amended by the Parliament through the process outlined in Article 368. However, the power to amend the Constitution is not absolute, as it is subject to the “Basic Structure” doctrine. This doctrine, first established in the landmark case of Kesavananda Bharati v. Union of India in 1973, holds that certain essential features of the Constitution are beyond the reach of amendments, and form the “basic structure” of the Constitution.
The basic structure doctrine emerged in the landmark case of Kesavananda Bharati v/s Union of India (1973). In this case, the Supreme Court held that certain essential features of the Constitution, such as fundamental rights, the independence of the judiciary, the federal structure of the government, and the secular character of the state, are beyond the reach of amendments and form the “basic structure” of the Constitution. This means that the Parliament cannot use its power to amend the Constitution to alter or destroy these essential features.
In addition to the features mentioned in the Kesavananda Bharati case, the basic structure doctrine has been expanded to include other features such as the separation of powers, the balance of power between the Centre and the states, the democratic character of the Constitution, the unity and integrity of the nation, the rule of law, and the principle of reasonableness.
The basic structure doctrine has been applied by the courts in several cases to invalidate amendments that are seen as violative of the basic structure. For example, in the case of Indira Gandhi v. Raj Narain (1975), the Supreme Court struck down the 39th Amendment, which had attempted to shield the Prime Minister from judicial review in election disputes, as violative of the basic structure of the Constitution. Similarly, in the case of Minerva Mills Ltd. v. Union of India (1980), the Supreme Court struck down the 42nd Amendment, which had attempted to give primacy to the Directive Principles of State Policy over the Fundamental Rights, as violative of the basic structure of the Constitution.
The basic structure doctrine is an important safeguard against the abuse of the Parliament’s power to amend the Constitution. It ensures that the Constitution remains true to its original ideals and principles and that the fundamental rights and values of the citizens are protected. However, it should be noted that the doctrine has not been without its critics, who argue that it unduly limits the power of the Parliament to amend the Constitution and that it is not explicitly provided for in the Constitution.
In summary, the Indian Constitution can be amended by the parliament but the parliament can not amend or destroy the basic structure of the Constitution which includes: fundamental rights, the independence of the judiciary, the federal structure of the government, and the secular character of the state, separation of powers, the balance of power between the Centre and the states, the democratic character of the Constitution, the unity and integrity of the nation, the rule of law, and the principle of reasonableness. The basic structure doctrine has been applied by the courts in several cases to invalidate amendments that are seen as violative of the basic structure.