The Supreme Court of India plays a vital role in maintaining the balance of power between the various branches of government. One of its most important functions is to keep a check on the arbitrary power of the Parliament in amending the Constitution.
Parliament has the power to amend the Constitution as granted by the Indian Constitution, however, it also has certain limitations to prevent its use in an arbitrary or unjust manner. The Supreme Court helps ensure that the limitations on the power of Parliament to amend the Constitution are respected through the process of judicial review.
The courts have the power of judicial review which allow them to review laws and actions of other branches of government and invalidate them if they appear as unconstitutional. When Parliament proposes an amendment to the Constitution, the Supreme Court may review the amendment to ensure that it does not violate any of the fundamental rights protected by the Constitution.
CASES:
The Supreme Court has used its power of judicial review in several cases to ensure that Parliament does not abuse its power to amend the Constitution. In the landmark case of Kesavananda Bharati v. State of Kerala, the court established the principle of the “basic structure” of the Constitution. The principle holds that Parliament cannot amend certain fundamental features of the Constitution, such as the separation of powers, as they are so essential to the nature of the Constitution.
In another important case, the Supreme Court ruled that any amendment to the Constitution must pass the “acid test” of consistency with the basic structure of the Constitution. The Supreme Court can still strike down an amendment even if two-thirds majority in both houses of Parliament passes it. The Supreme Court struck down the amendment only whenever it violates the basic structure of the Constitution.
In addition to these cases, the Supreme Court has also used its power of judicial review to strike down several other amendments that it has deemed to be unconstitutional. The Supreme Court has struck down the 29th and 39th Constitutional amendment as they were violative of the doctrine of separation of power and judicial independence.
In conclusion, The Supreme Court of India plays a vital role in maintaining the balance of power between the various branches of government by keeping a check on the arbitrary power of the Parliament in amending the Constitution. Through the process of judicial review, the court ensures that Parliament does not abuse its power to amend the Constitution and respects the basic structure and principles of the Constitution.
Other related articles:
The Right to Constitutional Remedies in the Indian Constitution: An Overview
‘Functional Overlap’ between the legislature, executive and judiciary
