Constitutional amendment power of parliament is limited and must not violate the basic structure of the constitution explain this statement with an example. Also discusses some basic features of the Constitution that are pronounced through various j

Introduction: This Basic Structure principle asserts that while the Parliament has wide powers to amend the Constitution under Article 368, these powers are not absolute. Amendments that alter or destroy the basic structure of the Constitution are not permissible.

Explanation with an Example

• Kesavananda Bharati  case in 1973, the Supreme Court ruled that while Parliament could amend any part of the Constitution, including fundamental rights, it could not alter the "basic structure" of the Constitution. 
  • The basic structure doctrine acts as a safeguard against the misuse of the amending power by ensuring that the essential features of the Constitution remain intact.
• The 42nd Amendment (1976): Also known as the "mini-Constitution," was one of the most comprehensive amendments to the Indian Constitution. It attempted to reduce the power of the judiciary and increase the power of the Parliament and the executive. 
• However, in the Minerva Mills  1980 case, the Supreme Court struck down parts of the 42nd Amendment on the grounds that they violated the basic structure of the Constitution. The Court held that the amendment sought to make the directive principles superior to fundamental rights, thereby altering the balance between the two, which is a part of the basic structure.

Basic Features of the Constitution Pronounced by the Supreme Court

Through various judgments, the Supreme Court has identified several features that constitute the basic structure of the Constitution. Some of these features include:

1. Supremacy of the Constitution: The Constitution is the supreme law of the land, and any law that is inconsistent with it is void.
   • Case: Kesavananda Bharati v. State of Kerala (1973)
2. Rule of Law: The principle that all individuals and institutions are subject to and accountable to law that is fairly applied and enforced.
   • Case: Indira Nehru Gandhi v. Raj Narain (1975)
3. Separation of Powers: The division of government responsibilities into distinct branches to prevent any one branch from exercising the core functions of another.
   • Case: Kesavananda Bharati v. State of Kerala (1973)
4. Judicial Review: The power of the judiciary to examine the constitutionality of legislative acts and executive orders.
   • Case: L. Chandra Kumar v. Union of India (1997)
5. Federalism: A system of government in which power is divided between a central authority and constituent political units.
   • Case: S.R. Bommai v. Union of India (1994)
6. Secularism: The state treats all religions impartially and does not favor or discriminate against any religion.
   • Case: S.R. Bommai v. Union of India (1994)
7. Democracy: The principle of rule by the people, typically through elected representatives.
   • Case: Indira Nehru Gandhi v. Raj Narain (1975)
8. Sovereignty: The authority of the state to govern itself or another state.
   • Case: Kesavananda Bharati v. State of Kerala (1973)

Conclusion: These features, among others, form the basic structure of the Indian Constitution and cannot be altered or destroyed through amendments by the Parliament. This doctrine ensures that the fundamental ethos and principles of the Constitution remain protected against excessive or arbitrary changes.