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