Mains Question:
Question: Parliament's power to amend the Constitution is not absolute and the Supreme Court is the final arbiter over and interpreter of all constitutional amendments. Thus, limited amending power itself is a basic feature of the Constitution. Explain
Approach
- Introduction- Brief about the basic structure of Constitution
- Sovereign, democratic and secular character of the polity, rule of law, independence of the judiciary, fundamental rights of citizens etc.
- Parliament’s power to amend the Constitution (Article 368)
- Discuss how the Supreme Court acts as a brake to the legislative enthusiasm of Parliament ever since independence.
- List out important cases
- Minerva Mills case
- Kesavananda Bharati Case
- Conclude accordingly
Context:
With the on-going UNSC’s Counter-terrorism Committee meeting (CTC) which shows its stand of India against terrorism, also puts an obligation for India to persuade others that terrorism is a threat to humanity.
Briefings of the Meeting:
- Held in Mumbai: India aims to bring UN officials, and ministers and diplomats from all members of the Security Council (UNSC), to discuss challenges to the global counter-terrorism architecture. In Mumbai, the spotlight was on the 26/11 attacks.
- Efforts to Combat against Terrorism and related source countries: Despite the global nature of the terror targets, India has had an uphill battle since 2008 in international cooperation to pursue the case, and in bringing the surviving attacker of 26/11 through a full trial and execution.
- Focusing on several Terror groups: There exist several terror groups which target India for their illegal activities and destructions needs to be highlighted and countries supporting them too.
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