‘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?

The doctrine of the basic structure of the Constitution was evolved by the Supreme Court in Kesavananda Bharati case as a way out to address the tussle between the power of parliament to amend the constitution and the scope of judicial review.

Article 368 of the Indian Constitution empowers the Parliament to amend the constitution by way of addition, variation or repeal of any provision of this Constitution in accordance with the procedure laid down in the article 368. But it is a limited power of the Parliament in the sense: 

1. If the parliament wants to make any changes or amend the Constitution, they have to propose the bill in the parliament and after the voting if the bill gets the majority, the bill will be sent to the president for his consent who enjoys veto power.
2. If the Amendment was passed by the parliament and if the judiciary feels to review it, the judiciary has the power and if the judiciary thinks that Amendment is unlawful or against any provision or against public morality, they have the power to disqualify that Amendment. 
3. If the bill seeks to amend the federal provisions of the Constitution, it must also be ratified by the legislatures of half of the states by a simple majority.

Can Parliament destroy the Basic structure of the Constitution?

• The Supreme Court in Kesavananda Bharati Case held that Parliament’s power to amend the constitution is limited as it cannot alter the ‘basic structure’ of the constitution.
• The parliament introduced the 42nd Amendment and indirectly declares that there is no limitation on the power of the parliament regarding the Amendment. 
• The Court in the Minerva Mill case held that the judicial review of Parliamentary enactments, and the limitation of Parliamentary power to amend the Constitution, were themselves part of the basic structure of the Constitution. 
• In I. Coelho v State of Tamil Nadu, the Supreme Court held that all laws were subject to the test of being consistent with fundamental rights, which are a part of the basic structure.

Synthesis of Parliamentary Sovereignty and Judicial Supremacy is the characteristic feature of the Indian constitution. The doctrine of basic structure is a classic example of this and it upholds the supremacy of the constitution. While Parliament can amend the constitution within the confines of basic structure, it cannot destroy the basic structure to expand its amending power.

Parliament’s Amending Power:

1. Parliament has limited powers to amend the constitution. Parliament cannot damage or destroy the basic features of the Constitution.

2. The procedure prescribed for the amendment is mandatory. Non-compliance with it will result in the invalidity of the amendment.

3. Clauses (4) and (5) inserted in Art. 368 by the 42nd Amendment Act are invalid because they take away the right of judicial review.