Q22.The Supreme Court of India keeps a check on the arbitrary power of the Parliament in amending the Constitution. Discuss critically.

Parliament's power to amend the Constitution (Article 368) is vital for its adaptability. However, the Supreme Court, as the Constitution's guardian, critically checks this power to prevent arbitrary changes that could undermine its foundational principles.

Evolution and Basic Structure Doctrine

• Initially, the SC allowed wide amending power (Shankari Prasad, Sajjan Singh).
• Golaknath restricted it, subjecting amendments to fundamental rights.
• Kesavananda Bharati (1973) established the 'Basic Structure Doctrine', affirming Parliament's power but prohibiting alteration of the Constitution's fundamental features. This prevents destruction of core values like democracy, secularism, and federalism.

Critical Appraisal

• Critics argue the doctrine is vague, leading to judicial overreach and questioning democratic legitimacy as an unelected judiciary defines the 'basic structure'.
• Concerns exist about its potential to impede legislative will and create judicial supremacy.

The Basic Structure Doctrine, while debated, ensures constitutional supremacy. It effectively balances Parliament's power to evolve the Constitution with the imperative to preserve its foundational identity and core values.