Article 368 :
Notwithstanding anything in this Constitution, Parliament may in exercise of its constituent power amend by way of addition, variation or repeal any provision of this Constitution in accordance with the procedure laid down in this Article.
"We find it difficult to accept the contention that our Constitution makers
after making immense sacrifices for achieving certain ideals, made provision in
the Constitution itself for the destruction of those ideals. There is no doubt
as men of experience and sound political knowledge , they must have known that
social, economic and political changes are bound to come with the passage of
time and the Constitution must be capable of being so adjusted as to be able to
respond to those new demands. Our Constitution is not a mere political
document. It is essentially a social document... A Constitution like ours
contains certain features which are so essential that they cannot be changed or
destroyed... If one or more of the basic features of the Constitution are taken
away to that extent the Constitution is abrogated or repealed... The personality
of the Constitution must remain unchanged."
The basic structure doctrine is a limitation on the plenary power of the Parliament of amend the Constitution. There have been diverse situations where the Court has been called upon to apply the doctrine - a doctrine which has also become a part of the constitutional law of many countries of South Asia. With this, the Supreme Court has declared it s supremacy as a final arbiter of the immutability of the Constitution with regard to the basic structure or foundation on which it rests. The power given to parliament to amend the Constitution cannot any more be exercised so as to abrogate, inter alia, the power of judicial review, the democratic structure, the rule of law, equality.
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