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Under Article 368, Parliament has power to amend the Constitution, but this power is limited by the basic structure doctrine propounded in Kesavananda Bharati, meaning amendments cannot alter the ______ of the Constitution.
- text
- basic structure
- preamble
- schedule
Answer: basic structure
Amendment power limitations: (a) Article 368 text: Parliament may amend Constitution by special majority; proviso requires State ratification for federal provisions, (b) Kesavananda Bharati limitation: (i) Parliament can amend any provision, but cannot alter 'basic structure' of Constitution, (ii) Basic structure includes: supremacy of Constitution, republican/democratic form, secularism, federalism, separation of powers, judicial review, rule of law, individual dignity, (c) Applications: (i) 42nd Amendment (1976): Provisions giving DPSP primacy over FRs struck down in Minerva Mills (1980) as violating basic structure balance, (ii) 99th Amendment (2014): NJAC provisions struck down in 2015 as violating judicial independence, separation of powers, (iii) Ninth Schedule laws: Post-1973 laws subject to basic structure review per I.R. Coelho (2007), (d) Rationale: (i) Constitutional identity: Basic structure preserves core values defining Indian constitutionalism, (ii) Democratic safeguards: Prevents transient majorities from destroying foundational democratic features, (iii) Rights protection: Ensures Fundamental Rights forming part of basic structure remain protected, (e) Illustrates calibrated amendment power: Article 368 enables constitutional adaptation, but basic structure doctrine preserves core identity; balance between flexibility, permanence essential to living constitutionalism.