‘The Supreme Court of India keeps a check on the arbitrary power of the Parliament in amending the Constitution.’ Discuss critically. (200 words)

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1. SC of India has established “supremacy of the constitution” by checking the amending power of the parliament, using tools – art 13, 32, doctrine of basic structure etc.
   Benefits of checks performed by SC:
   1.Safeguarding free and fair elections
   In Indira Nehru Gandhi case, SC struck down provisions of 39th amendment act which made election disputes vis-à-vis PM and speaker beyond judicial review.
   2.Safeguarding Fundamental Rights
   In Golak Nath case, SC struck down 17th amendment act by pronouncing FR to be supreme.
   3.Establishing welfare state
   In Kesavananda Bharti case and Minerva Mills case, SC establishes Harmony between DPSPs and FRs.
   4.In IR Coelho case, SC brought 9th schedule under the purview of Judicial review.

   Drawbacks of checks performed by SC:
   1.Basic structure doctrine has no constitutional basis and paradoxically is used by SC to safeguard constitution itself.
   2.The 13 judge bench in Kesavanada Bharti case had a very narrow majority of 7-6 and thus such a fundamental revision of the constitution with such a slim margin inspires less confidence.
   3.Hindering expression of people’s will through representative institute (Parliament) by an unrepresentative institute (SC).
   Striking down 99th constitutional amendment act, which provided for more transparent and representative appointment for judges.
   4.Disguise Judicial supremacy as supremacy of constitution
   SC decides what constitutes basic structure and hence is prone to subjective assessment of Judges.
   Temporary urges of majority today should not override the permanent vision of framers of our constitution. Hence, SC check on arbitrary amendment of constitution by the parliament, has helped preserving our constitutional identity.

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