Answer: There are some basic features of the Constitution that the Parliament cannot amend.
The Kesavananda Bharati Case clarified that some basic features of the Constitution are beyond amendment by the Parliament.
This was also the period when the government and the ruling party had many differences with the judiciary. There was a long-drawn conflict between the Parliament and the judiciary. Three constitutional issues had emerged. Can the Parliament abridge Fundamental Rights? The Supreme Court said it cannot. Secondly, can the Parliament curtail the right to property by making an amendment? Again, the Court said that Parliament cannot amend the Constitution in such a manner that rights are curtailed. Thirdly, the Parliament amended the Constitution saying that it can abridge Fundamental Rights for giving effect to Directive Principles. But the Supreme Court rejected this provision also. This led to a crisis as far as the relations between the government and the judiciary were concerned. This crisis culminated in the famous Kesavananda Bharati Case. In this case, the Court gave a decision that there are some basic features of the Constitution and the Parliament cannot amend these features. |
