UPSC CSE 2026 Essay Paper Discussion
GS Paper 2 15 marks · 250w 14 min Medium

“Parliament’s power to amend the Constitution is a limited power and it cannot be enlarged into absolute power.” In the light of this statement explain whether Parliament under Article 368 of the Constitution can destroy the Basic Structure of the Constitution by expanding its amending power?

Subtopic: Constitution & Polity · Article 368 and the basic structure doctrine

Model answer outline

How to structure your answer

Introduction → Article 368 as constituent power → Judicial evolution: Shankari Prasad and Sajjan Singh to Golak Nath to Kesavananda Bharati → Attempts at absolute power: 39th and 42nd Amendments → Minerva Mills: the limited amending power is itself a basic feature → Conclusion
Full model answer

Written within the word limit

262 words · target 250 words · 14 min

Article 368 vests Parliament with constituent power to amend the Constitution by way of addition, variation or repeal. Whether that power is unlimited was the central question of India's longest constitutional battle.

Evolution of the doctrine

  • Shankari Prasad (1951) and Sajjan Singh (1965): constitutional amendments are not 'law' under Article 13, so even Fundamental Rights could be amended.
  • Golak Nath (1967) reversed course, placing Fundamental Rights beyond Parliament's reach; Parliament responded with the 24th Amendment (1971) reasserting its power.
  • Kesavananda Bharati (1973): a thirteen-judge Bench upheld the 24th Amendment but held that Parliament cannot alter the 'basic structure' — the identity of the Constitution.

Can Parliament enlarge Article 368 into absolute power?

  • Indira Nehru Gandhi v. Raj Narain (1975): clause (4) of Article 329A, inserted to immunise the Prime Minister's election from challenge, was struck down for destroying free and fair elections and judicial review.
  • The 42nd Amendment (1976) inserted clauses (4) and (5) into Article 368, barring judicial review of amendments and declaring the amending power free of any limitation.
  • Minerva Mills (1980) struck down both clauses, holding that the limited amending power is itself a basic feature: the donee of a limited power cannot use it to convert that power into an unlimited one.
  • Waman Rao (1981) settled that the doctrine applies to amendments made after 24 April 1973, and the NJAC verdict (2015) showed it remains a living check, protecting judicial independence.

Parliament's amending power is thus a derivative constituent power held in trust. It can reshape the Constitution to meet new needs — but it cannot use Article 368 to destroy the framework of supremacy of the Constitution, judicial review, federalism, secularism and free elections from which that very power flows.

Key points

What an examiner expects to see

  • Kesavananda Bharati (1973): Parliament may amend any provision, including Fundamental Rights, but cannot alter the basic structure.
  • Indira Nehru Gandhi (1975): Article 329A(4) struck down — the doctrine's first application to an actual amendment.
  • The 42nd Amendment's clauses 368(4) and (5) claimed unlimited, unreviewable amending power; Minerva Mills (1980) invalidated both.
  • Minerva Mills logic: the donee of a limited power cannot convert it into an unlimited power; the limitation is itself a basic feature.
  • The amending power is derivative constituent power — it flows from the Constitution and cannot destroy the Constitution's identity.
  • Waman Rao (1981) fixed prospective application from 24 April 1973; the NJAC judgment (2015) shows the doctrine remains operative.
  • Illustrative basic features: supremacy of the Constitution, judicial review, federalism, secularism, free and fair elections.
Examples to use

Concrete cases, schemes and judgments

  • Kesavananda Bharati v. State of Kerala (1973)
  • Indira Nehru Gandhi v. Raj Narain (1975)
  • Minerva Mills v. Union of India (1980)
  • Waman Rao v. Union of India (1981)
  • NJAC judgment — Supreme Court Advocates-on-Record Assn. v. Union of India (2015)
Keywords / terms

Terminology to weave into the answer

Article 368basic structure doctrineconstituent powerjudicial review42nd AmendmentMinerva Mills

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