Question

What does the Supreme Court say over the Parliament’s power of amendment of the Constitution?
A. Parliament can amend the entire Constitution.
B. Parliament can amend only the basic structure of the Constitution.
C. Parliament cannot amend the basic structure of the Constitution
D. None of the above

Answer 1

Hint: The Supreme Court is at the apex of the judicial system of India and has certain implications mentioned in Article 368 of the Indian Constitution over the Parliament’s power of amendment of the Constitution.

Complete Step by Step answer:
The nature of the amending process as envisaged by the makers of our constitution can be best explained by referring to what Pandit Nehru had to say - that the Constitution should not be so rigid that it cannot be adapted to the changing needs of national development and strength. Therefore elements of flexibility were incorporated into a federal constitution which is rigid in nature. The framers of the Indian Constitution in order to maintain the sovereignty of the Parliament prescribed an easier mode for changing those provisions of the Constitution which do not affect the federal structure.The basic structure of the Constitution includes for example - the federal system, the Parliamentary system of Government, judicial review and the unity and integrity of India etc is sacrosanct and cannot be amended under Article 368. Hence, the article as interpreted by the Supreme Court has the following implications:
- First, any part of the Constitution can be amended in accordance with the provisions of Article 368.
- Second, no constituent assembly or referendum is required to amend the Constitution of India.
- Third, no amendment act can encroach upon the basic structure of the Constitution and if it does so it is to be declared as null and void. What constitutes the basic structure has been left to the Courts to decide. Now let us examine the option -
Option A - Any provision of the Constitution can be changed only by the process of the amendment as given in Article 368. In order to amend, the bills have to be passed by the Union parliament with a special majority.
Option B - The Parliament has no right to amend the basic structure of the constitution but other provisions can be changed only by the process of the amendment as given in Article 368.
Option C - The Supreme Court has always acted as a brake to the legislation of the Parliament ever since independence. It stated that no amendment act can distort, damage or encroach upon the basic structure of the Constitution of India and if it does so it is to be declared as null and void.
Option D - This option is not applicable because the Parliament cannot alter or amend certain ‘basic features’ of the Constitution as interpreted by the Supreme Court.

Thus, the correct answer is option (C).

Note: The Supreme court recognised the basic structure or features of the constitution in the Keshavanada Bharati case in 1973 and laid down certain implications on the Parliament’s amending powers. Since then the Supreme Court acts as the arbiter of all the amendments made by the Parliament and also the interpreter of the Indian Constitution.