The Supreme Court of India and its role in checking the arbitrary power of the Parliament in amending the Constitution

The Supreme Court of India is the highest judicial authority in the country and plays a crucial role in upholding the principles of constitutionalism and protecting the rights of citizens. One of the important functions of the Supreme Court is to act as a check on the arbitrary power of the Parliament in amending the Constitution. This serves as a safeguard against any potential abuse of power and ensures that the basic structure of the Constitution is not violated.

The Doctrine of Basic Structure

The Supreme Court, in its landmark judgment in Kesavananda Bharati v. State of Kerala in 1973, established the doctrine of basic structure. According to this doctrine, certain fundamental features of the Constitution, such as the supremacy of the Constitution, the democratic and republican form of government, secularism, and rule of law, cannot be amended by the Parliament. Any amendment that violates the basic structure of the Constitution can be struck down by the Supreme Court.

Judicial Review

The power of judicial review enables the Supreme Court to review the constitutionality of laws and actions of the government. This power includes the ability to review amendments made by the Parliament. If the Court finds that an amendment violates the basic structure or any other provisions of the Constitution, it can declare it as unconstitutional and nullify it. This acts as a deterrent against the arbitrary exercise of power by the Parliament.

Case Examples

Over the years, the Supreme Court has exercised its power of judicial review to check the arbitrary power of the Parliament in amending the Constitution. In cases such as Indira Nehru Gandhi v. Raj Narain (1975), Minerva Mills Ltd. v. Union of India (1980), and S. R. Bommai v. Union of India (1994), the Court struck down amendments that were found to be violative of the basic structure or other constitutional provisions. These judgments have reinforced the principle that the Parliament cannot amend the Constitution in an arbitrary manner.

Conclusion

The Supreme Court of India plays a vital role in safeguarding the Constitution and checking the arbitrary power of the Parliament in amending it. Through the doctrine of basic structure and the power of judicial review, the Court ensures that the fundamental principles of the Constitution are upheld and protected. This serves as a crucial mechanism for maintaining the balance of power and preserving the democratic and constitutional values of the country.