Parliament's power to amend the Constitution is a limited power and it cannot be enlarged into absolute power. In the 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?
The statement accurately reflects the constitutional position in India. Parliament's power to amend the Constitution, enshrined in Article 368, is indeed a limited power, not an absolute one that allows for wholesale rewriting or destruction of the foundational document.
This crucial limitation emerged from a landmark judicial pronouncement. The Supreme Court, in a pivotal case, established the "Basic Structure Doctrine." This doctrine holds that while Parliament can amend any part of the Constitution, it cannot alter or destroy certain fundamental, inherent features that constitute its "basic structure." These features include, but are not limited to, the supremacy of the Constitution, the republican and democratic form of government, the secular character of the Constitution, the separation of powers, and the federal character of the Union.
Therefore, to directly answer whether Parliament can destroy the Basic Structure by expanding its amending power: No, it cannot. The Basic Structure Doctrine acts as an inviolable check on Parliament's amending authority. Even if Parliament were to pass an amendment to Article 368 itself, attempting to make its amending power absolute or to remove the Basic Structure limitation, such an amendment would itself be subject to judicial review and liable to be struck down if it violated the Basic Structure. The power to amend is meant for orderly constitutional evolution, not for its subversion or demolition. The judiciary, as the custodian of the Constitution, ensures that the original intent and fundamental ethos of the Constitution remain intact, preventing legislative overreach.
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