UPSC Mains 2013 GS Paper 2 Q4: model answer

Parliament has amended the Constitution over a hundred times since 1950, yet a few amendments, such as parts of the 39th and 42nd, were struck down. That gap is the Supreme Court's check.

The power

Article 368 lets Parliament amend by special majority, with state ratification for federal provisions.

The case trail

• Shankari Prasad (1951) and Sajjan Singh (1965): Parliament could amend even Fundamental Rights.
• Golaknath (1967): Parliament could not take away Fundamental Rights.
• 24th Amendment (1971): restored Parliament's power.
• Kesavananda Bharati (1973): Parliament can amend any part, but not the basic structure.
• Indira Gandhi v Raj Narain (1975): struck down the clause placing the PM's election beyond courts.
• Minerva Mills (1980): struck down parts of the 42nd Amendment; limited amending power is itself basic structure.
• I.R. Coelho (2007): Ninth Schedule laws after 1973 can be reviewed.
• NJAC (2015): the 99th Amendment was struck down to protect judicial independence.

How the check works

Judicial review of amendments keeps democracy, federalism, secularism, rule of law and independent courts out of a passing majority's reach.

Criticism

• 'Basic structure' is undefined, so judges decide its contents.
• It places unelected judges above elected representatives.
• The NJAC verdict was seen as judges protecting their own appointments.

Balance

The check is real but used sparingly, which shows restraint. It works as an emergency brake, not a steering wheel.