Answer: 

Introduction:

The power of the Parliament to amend the Constitution of India is provided under Article 368. However, this power is not absolute and is subject to certain limitations, as established by the Supreme Court through the doctrine of the Basic Structure.

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Body:

• The Basic Structure doctrine was established by the Indian Supreme Court in the landmark case of Kesavananda Bharati vs. State of Kerala (1973).
• The Court held that Parliament’s power to amend the Constitution, as provided under Article 368, is subject to certain limitations.
• It ruled that Parliament cannot alter or destroy the Basic Structure of the Constitution, which comprises fundamental aspects like the rule of law, the separation of powers, judicial review, democracy, and federalism.
• The doctrine was further reaffirmed and solidified in later cases, such as Indira Nehru Gandhi vs. Raj Narain (1975) and Minerva Mills vs. Union of India (1980).
• The Court reiterated that while Parliament has the authority to amend the Constitution, it cannot use this power to dilute or destroy its Basic Structure.
• In light of this, Parliament cannot expand its amending power under Article 368 to an extent that it would destroy the Basic Structure of the Constitution.
• The Basic Structure doctrine acts as a safeguard against the abuse of constitutional amendment power and ensures that the foundational principles of the Constitution remain intact.

Conclusion:

The Indian Supreme Court, through its judgments, has established this doctrine to protect the foundational principles and values of the Constitution and preserve the democratic fabric of the country.

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