← All questionsGS2 · 2019 · Polity ·Limits on Parliament's Amending Power
QUESTION 12
GS2
15 marks

“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?

WRITE IN
11 min
250 words

What the examiner wants

Explain whether Parliament can use Article 368 to expand its power and destroy the basic structure.

ExplainMake clear how and why it happens: causes, process, and an example for each point.

Demand-wise check

  1. 1Evolution: Shankari Prasad, Golaknath, 24th Amendment, Kesavananda (basic structure)≈50 words
  2. 2Attempts to expand: 42nd Amendment clauses (Art. 368(4),(5)) struck down in Minerva Mills (1980)≈50 words
  3. 3Principle: limited amending power is itself basic structure≈50 words
  4. 4Recent: NJAC (2015)≈50 words

Open in about 30 words and close in about 30.

Answer plan

Case evolutionMinerva MillsPrincipleRecent exampleConclusion

Where marks usually go

  • Only Kesavananda
  • Not answering the 'expanding power' part

Draw this

  • Timeline of amendment-power cases

Value addition

  • CaseMinerva Mills v Union (1980): limited amending power is part of the basic structure; Parliament cannot enlarge it.Supreme Court, 1980
  • CaseSupreme Court Advocates-on-Record Assn (2015) struck down the 99th Amendment (NJAC) for violating judicial independence.Supreme Court, 2015

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