polity hard Fill in the Blank

Under Article 368, Parliament has power to amend the Constitution, but this power is limited by the basic structure doctrine propounded in Kesavananda Bharati, meaning amendments cannot alter the ______ of the Constitution.

  1. text
  2. basic structure
  3. preamble
  4. schedule

Answer: basic structure

Amendment power limitations: (a) Article 368 text: Parliament may amend Constitution by special majority; proviso requires State ratification for federal provisions, (b) Kesavananda Bharati limitation: (i) Parliament can amend any provision, but cannot alter 'basic structure' of Constitution, (ii) Basic structure includes: supremacy of Constitution, republican/democratic form, secularism, federalism, separation of powers, judicial review, rule of law, individual dignity, (c) Applications: (i) 42nd Amendment (1976): Provisions giving DPSP primacy over FRs struck down in Minerva Mills (1980) as violating basic structure balance, (ii) 99th Amendment (2014): NJAC provisions struck down in 2015 as violating judicial independence, separation of powers, (iii) Ninth Schedule laws: Post-1973 laws subject to basic structure review per I.R. Coelho (2007), (d) Rationale: (i) Constitutional identity: Basic structure preserves core values defining Indian constitutionalism, (ii) Democratic safeguards: Prevents transient majorities from destroying foundational democratic features, (iii) Rights protection: Ensures Fundamental Rights forming part of basic structure remain protected, (e) Illustrates calibrated amendment power: Article 368 enables constitutional adaptation, but basic structure doctrine preserves core identity; balance between flexibility, permanence essential to living constitutionalism.

Topic Basic Structure - Amendment Power Limitations
Exam Relevance Amendment power limitations critical for UPSC Mains and Judiciary exams