GK Question

Answer: True

Basic structure and democratic legitimacy: (a) Parliamentary sovereignty vs. constitutional supremacy: (i) Article 368: Parliament has wide amendment power with special majority, State ratification for federal provisions, (ii) Basic structure doctrine: Limits amendment power to preserve core constitutional features, (iii) Balance: Enables constitutional adaptation while preserving democratic identity, (b) Democratic legitimacy rationale: (i) Popular sovereignty: Constitution derives authority from people; amendments cannot destroy foundational democratic features expressing popular will, (ii) Transient majorities: Basic structure prevents transient parliamentary majorities from altering constitutional identity, (iii) Rights protection: Ensures Fundamental Rights forming part of basic structure remain protected against legislative excess, (c) Applications: (i) Electoral reforms: Amendments must preserve free/fair elections, universal suffrage, multi-party system, (ii) Federal amendments: Must preserve State autonomy, division of powers, judicial mediation of disputes, (iii) Rights amendments: Must preserve core rights protection; cannot authorize arbitrary detention, censorship without safeguards, (d) Judicial role: (i) Restraint: Courts respect parliamentary judgment on policy choices within constitutional bounds, (ii) Core protection: Courts intervene only if amendment destroys basic structure features, not merely modifies them, (iii) Democratic dialogue: Basic structure doctrine enables dialogue among branches on constitutional evolution, (e) Illustrates constitutional balance: Basic structure doctrine balances parliamentary sovereignty with constitutional supremacy; enables adaptation while preserving democratic identity, ensuring constitutional evolution through democratic practice, not arbitrary power.