• Anurudh Upadhyay

Abstract- Herman Finer defined “constitution as the process of amendment, for in his view to amend is to deconstitute or reconstitute”. A change in Constitution (in Indian scenario) refers to a situation where a government by passing a constitutional amendment act in both houses of national legislature in case of amendment concerning the constitutional provisions deal directly with union and by passing a constitutional amendment law in both houses of parliament, which must be acknowledged by atleast half of the state legislatures, if provision to be amend deals directly with states. Basically, these changes in India’s fundamental law of land at either of level take place to adapt changing circumstances, to update the outdated provisions, adding or removing parts/provisions from our nation’s fundamental law. This research paper is a deep analysis of India’s constitutional changes but in light of “Doctrine of Basic Structure” as enunciated by notable judgment Kesavananda Bharti v. State of Kerala, where hon’ble Apex Court propounded this doctrine and limited the parliament’s amending power. This decision of Apex Court of India in itself reflects a blend of “Rule of Law” and “Judicial Activism”. After a brief analysis of this case we can say that every amendment passed by parliament (under Article 368) must not be an attempt to encroach upon or must conform to the backing of basic features of Indian constitution. In past there are many cases, where by exercising the power of judicial review hon’ble Supreme Court of India in its verdicts declared laws passed by parliament void or ultra vires for being derogatory to the basic features of India’s supreme law. As we are very familiar with a fact that Supreme Court of India is a guardian/custodian of constitution, this designation of apex court reflects in its decisions pertinent to the constitutional amendments in light of basic structure doctrine.

Key Words- Fundamental Law, Indian Constitution, Article 368, Supreme Court, Doctrine of Basic Structure, Basic Feature, Parliament, Judicial Review, Ultra Vires.

"An Assessment in Parliamentary Competence to Amend the Indian Constitution in the Light of “Basic Structure Doctrine”", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.12, Issue 4, page no.n93-n110, April-2025, Available :http://www.jetir.org/papers/JETIR2504D12.pdf

"An Assessment in Parliamentary Competence to Amend the Indian Constitution in the Light of “Basic Structure Doctrine”", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.12, Issue 4, page no. ppn93-n110, April-2025, Available at : http://www.jetir.org/papers/JETIR2504D12.pdf