UPSC Mains 2019 GS2 Q12 — Constitutional Amendments
“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 ?
Question Decoded — examiner's intent
- Directive verbs
- explain
- Scope keywords
- Parliament’s power to amendlimited powerabsolute powerArticle 368destroy the Basic Structureexpanding its amending power
- Implicit sub-parts
- The legal logic behind why a 'constituted' power (Parliament) cannot become a 'constituent' power to rewrite the whole document.
- The evolution of the doctrine from Shankari Prasad to the definitive ruling in Minerva Mills.
- The role of Judicial Review as a 'check' to ensure the amending power does not become self-perpetuating or absolute.
- The paradox of the 42nd Amendment (Section 55) and its subsequent strike-down by the Supreme Court.
- Common pitfalls
- Spending too much time listing out the various elements of Basic Structure instead of addressing the 'logic of limitation'.
- Failing to mention the Minerva Mills case (1980) which specifically addressed the 'enlargement of power' mentioned in the quote.
- Treating the Basic Structure as a static list rather than a judicial tool to prevent constitutional subversion.
- Neglecting the distinction between 'amending' the constitution and 'replacing' its identity.
- Dimensions required
- Constitutional LawJudicial EvolutionDoctrine of Checks and BalancesLegal Philosophy (Constituted vs Constituent Power)
- Marks allocation hint
Allocate 50-60 words to the historical tussle and the origin of the quote (Minerva Mills). Dedicate 120-130 words to the core argument: why Article 368 cannot be used to remove its own limitations. Use the remaining 60-70 words to conclude on how this maintains constitutional supremacy over parliamentary sovereignty.
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