PYQ Vault · Paper 1 · Indian Constitution
‘Article 368 does not enable Parliament to alter the basic structure or framework of the Constitution’
How the answer moves
The flow snapshot — the routes in, the body, the counter-view and the routes out.
Flow snapshot — how the answer moves
Intro routes
R1 Art 368 = constituent power to amend → wide but not unlimited R2 statement settles the debate → amendment # destruction of identity
Body flow
Shankari Prasad / Sajjan Singh (FRs amendable) -. Mudholkar's "basic features" hint → Golaknath (FRs barred) → Kesavananda Bharati 1973 (any part, not basic structure) → Minerva Mills (limited amending power itself basic) → Chandrachud (donee can't make limited power unlimited) → elements: supremacy, democracy, secularism, federalism, judicial review
Counter-view
Austin: judicial statesmanship guarding the spirit → Sathe: judicial rewriting without textual basis
Conclusion routes
R1 Art 368 authorizes amendment, not abrogation of att identity R2 doctrine preserves constitutional identity against majoritarian amendment
Model answer
Handwritten, in the form it would be written in the examination hall.
