Answer: 

Introduction:

The Indian Constitution provides for a parliamentary system of government that is federal in structure with unitary features. The Constitution of India is considered to be supreme, and any law inconsistent with the Constitution is declared void. The Parliament has the power to amend the Constitution, but this power is not unlimited. The Supreme Court, acting as the guardian and interpreter of the Constitution, has the authority to keep a check on the Parliament’s power to amend the Constitution.

Body:

Parliament’s Power to Amend the Constitution:

• The Parliament, under Article 368, has the power to amend the Constitution.
• However, the Constitution does not permit the Parliament to alter the basic structure or framework of the Constitution.
• This principle was not explicitly stated in the Constitution but was propounded by the Supreme Court in the landmark case of Keshavananda Bharati vs State of Kerala (1973).

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Role of the Supreme Court:

• The Supreme Court has a crucial role in maintaining the sanctity of the Constitution.
• It ensures that the power of the Parliament to amend the Constitution is not used arbitrarily or to alter the basic structure of the Constitution.
• The basic structure doctrine, as established in the Keshavananda Bharati case, is a judicial principle that the Indian Constitution has certain basic features that cannot be altered or destroyed through amendments by the Parliament.

Instances of Supreme Court’s Intervention:

• The Supreme Court has on several occasions struck down constitutional amendments that were in violation of the basic structure of the Constitution.
• For instance, in the Minerva Mills case (1980), the Supreme Court struck down clauses (4) and (5) of the Article 368 inserted by the 42nd Amendment, stating that the “limited amending power” itself is a basic feature of the Constitution.
• Similarly, in the Indira Nehru Gandhi vs Raj Narain case (1975), the Supreme Court declared clause (4) of Article 329A, added by the 39th Amendment, as unconstitutional and void on the ground that it was beyond the Parliament’s amending power as it destroyed the basic feature of the Constitution.

Conclusion:

While the Parliament possesses the power to amend the Constitution, the Supreme Court plays a vital role in ensuring this power is not utilized arbitrarily or to alter the basic structure of the Constitution. The balance between the Parliament’s authority to respond to changing societal needs and the Supreme Court’s responsibility to protect the Constitution’s basic structure is a cornerstone of India’s vibrant democracy. This dynamic relationship continues to evolve, shaping India’s constitutional and political narrative.

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