The Parliament has power to amend the Constitution. There is procedure.
The question is to what extent Parliament can change Constitution?
Does Parliament has power to remove fundamental rights? Can Constitution be changed in such a way that Judges of Supreme Court and High Court can be transferred by order of Law Minister?
After much debate, it was decided that "There is some 'basic structure' in Constitution which cannot be changed. Other parts of Constitution can be changed by Parliament."
Now what is this "Basic Structure"? There is no clear answer. It is left open to Judges to decide on case to case basis as and when such question arises.
But some illustrations of Basic Structure are given.
1) Right to live is basic structure. Parliament cannot amend Constitution so as to take away this fundamental right.
2) The orders of even the Highest Authority, will be subject to scrutiny by Court. This is basic structure. This position cannot be altered by amending Constitution that no court will have power to examine orders passed by certain authority.
3) Independence of Judiciary is basic feature. No amendment in Constitution can be made which compromises independence of Judiciary..
4) And so on... Some more examples are given and it is left to wisdom of Judges to declare more features as Basic Feature as when debate or case arises before them...
5) Neither Constitution of India, Nor judgements of Supreme Courts are carved on stones. They can be changed as per demands of time.
6) Constitution of India is compared with a living organism. It changes with needs of time.
Haresh Raichura
13/6/13
