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UPSC 2019 GS-II · 15 marks · 250 words

‘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?

What “Explain” demands

set out how or why something works, with the mechanism made explicit.

The characteristic failure: stating that it works without showing how.

What a top answer must contain

These are the checkable specifics from the marking standard for this question — the actual case, committee, datum or thinker, not an instruction to “give examples”.

  • The arc: Shankari Prasad (1951) and Sajjan Singh (1965) permitting amendment of FRs, Golaknath (1967) reversing, Kesavananda Bharati (1973) settling it
  • 24th Amendment's attempt to override Golaknath; 42nd Amendment's clauses 368(4) and (5) claiming unlimited power
  • Minerva Mills (1980) striking those clauses down — limited amending power is itself basic structure
  • Waman Rao, Indira Nehru Gandhi, and the doctrine applied to state action (S.R. Bommai)
  • The German 'eternity clause' and Dieter Conrad's influence as comparative context
  • Conclusion: Art 368 cannot be used to enlarge itself; the constituent power lies outside it

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