“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? (Answer in 250 words)

Article 368 grants constituent power to amend the Constitution, but the Constitution is not a charter for its own legal destruction.

Judicial evolution

• Shankari Prasad and Sajjan Singh initially upheld wide amendment power.
• Golaknath restricted Parliament’s power over Fundamental Rights, prompting constitutional amendments.
• Kesavananda Bharati established that an amendment cannot damage the Constitution’s basic structure.
• The 42nd Amendment attempted to exclude judicial review and declare unlimited power; Minerva Mills struck down those clauses.
• Basic features include supremacy of the Constitution, republican democracy, secularism, federalism, rule of law, judicial review, separation of powers and harmony between Fundamental Rights and Directive Principles.

Why the limit matters

The doctrine preserves constitutional identity, prevents temporary majorities from abolishing democracy and maintains limited government. Critics see it as judge-made and potentially uncertain, but judicial review is itself a basic feature.

Conclusion

Parliament may adapt the Constitution extensively, but Article 368 cannot be used to confer absolute power or destroy its foundational principles.

The limitation is therefore substantive rather than procedural. Constitutional amendments may respond to social change, but their purpose, effect and institutional consequences remain open to review where they threaten constitutional identity and limited government.

This constitutional balance also protects minority rights and federalism from transient majorities. Judicial review does not freeze the text; it ensures that amendment remains an instrument of constitutional development rather than a route to constitutional replacement.

Article 368; Kesavananda Bharati; Minerva Mills; basic structure