Q9.Parliament’s power to amend the Constitution is limited and it cannot be enlarged into absolute power.” In light of this statement explain whether Parliament under Article 368 of the Constitution can destroy the Basic Structure of the Constitution by expanding its amending power.

Article 368 grants Parliament the power to amend the Constitution. However, this power is not absolute, a principle established through judicial pronouncements.

Evolution of Amending Power

Early judicial interpretations in Shankari Prasad and Sajjan Singh upheld Parliament's extensive amending power. However, Golaknath v. State of Punjab (1967) restricted this, stating Fundamental Rights were unamendable, leading to a constitutional impasse.

Genesis of the Basic Structure Doctrine

The landmark Kesavananda Bharati case (1973) resolved this by propounding the 'Basic Structure Doctrine'. The Supreme Court ruled that Parliament, while amending, cannot alter, abrogate, or destroy the Constitution's 'basic structure' or 'essential features'.

Limits on Amending Power

• Parliament's power under Article 368 is constituent, not legislative, but remains limited.
• The doctrine implies amending power does not include power to rewrite or abrogate the Constitution's fundamental identity.
• Any amendment expanding Parliament's power to destroy the basic structure would itself be unconstitutional.

Judicial Review and Basic Features

The Supreme Court, through judicial review, determines what constitutes the basic structure. Though not exhaustively defined, it includes elements such as:

• Supremacy of the Constitution
• Republican and democratic form of government
• Secular character of the Constitution
• Federal character of the Constitution
• Separation of powers
• Judicial review

Therefore, Parliament cannot destroy the Basic Structure by expanding its amending power. The statement 'Parliament’s power to amend the Constitution is limited and it cannot be enlarged into absolute power' directly reflects this doctrine, safeguarding the Constitution's core values.