“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 Doctrine → The Supreme Court held the power of legislature to amend the constitution under Article 368, given the basic structure of the constitution is not altered.

Time to time Supreme Court highlights through its pronouncements what constitutes the basic structure of Constitution.

Evolution of the Doctrine

• 1st Amendment Act → Shankari Prasad Case (Parliament has unlimited power to amend)
• 17th Amendment Act
• Golaknath Case (Parliament can't amend constitution)
• 24th Amendment Act (Amended Article 368)
• ↓
• Keshavananda Bharati Judgement (Doctrine of Basic Structure)

Significance of Doctrine

→ Acts as a check of State's overreach → Upholds the foundational values of our constitution → Basic philosophy of constitution remains unaltered → Allows constitution to be amended, thus constitution can be updated as per need of time → Allows constitutionalism to prevail at the end.

Judicial Pronouncement regarding basic structure

→ Judiciary has highlighted through judgements what constitutes basic structure → As of now federalism, secularism, rule of law, separation of power, judicial review, regular election etc are part of basic structure.