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    Question

    Article 368 (Part XX) grants Parliament power to amend

    the Constitution. Which statement about Article 368 is CORRECT after judicial interpretation?
    A Parliament can amend any provision including basic structure without any limit. Correct Answer Incorrect Answer
    B Parliament cannot amend entries in the First Schedule. Correct Answer Incorrect Answer
    C Parliament’s amending power is subject to judicial review to ensure amendments do not violate the Constitution’s basic structure. Correct Answer Incorrect Answer
    D Article 368 requires ratification by all State Legislatures for any amendment. Correct Answer Incorrect Answer
    E Amendments to Fundamental Rights never require a special majority. Correct Answer Incorrect Answer

    Solution

    Article 368 empowers Parliament to amend the Constitution, but this power is constituent, not absolute. In Kesavananda Bharati, the Supreme Court rejected the view that Parliament enjoys unlimited amending authority. It held that while Parliament may amend any provision, including Fundamental Rights, it cannot alter the Constitution’s basic structure. This doctrine was later reinforced in Minerva Mills v. Union of India (1980), where amendments giving Parliament unlimited power were struck down for destroying judicial review and constitutional balance. Judicial review of constitutional amendments is thus implicit in Article 368. The Court reasoned that without such limits, the Constitution would lose its identity and supremacy, reducing it to a mere political document amendable at will by transient majorities.

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