This judicial principle asserts that while Parliament can amend any part of the Constitution, it cannot alter its "basic structure" or "essential features. Features such as judicial review, secularism, federalism, and the sovereignty of the Parliament are generally considered integral to this basic structure, preventing the Parliament from exercising absolute supremacy.
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Furthermore, the 86th Amendment Act of 2002 made free and compulsory education for children aged 6 to 14 a fundamental right, while the 103rd Amendment provided for 10% reservation for economically weaker sections, demonstrating the Constitution's continued evolution to address contemporary inequalities. This was followed by the monumental 42nd Amendment Act of 1976, often referred to as the "Mini-Constitution," which was enacted during the Emergency period.
Understanding this intricate process is essential for comprehending how India’s legal and political structure has been shaped over decades. Some amendments require a simple majority of members present and voting in each house of Parliament, while others necessitate a special majority, which is defined as a majority of the total membership of the house and a majority of not less than two-thirds of the members of that house present and voting.
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" This doctrine has acted as a safeguard against arbitrary or destructive amendments, ensuring that the Constitution retains its core identity. This amendment significantly expanded the scope of the Parliament's amending power, curtailed the right to property, and imposed fundamental duties on citizens.
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