AIR 1980 SUPREME COURT 1789 ::1980 (3) SCC 625 ::1980 (2) SCC 591 ::1980 UJ(SC) 727

Supreme Court Of India

Hon'ble Judge(s): Y. V. Chandrachud, P. N. Bhagwati, A. C. Gupta, N. L. Untwalia, P. S. Kailasam , JJJ

(A) Constitution of India (as amended by Forty Second Amendment) Act (1976) , S.55— Validity - Is void being beyond amending power of the Parliament. Constitution of India , Art.368— (Per Chandrachud, C. J. and Gupta, Untwalia and Kailasam, JJ.): - Article 368 does not enable Parliament to alter the basic structure of framework of the Constitution. Section 55 introduces two new clauses in Article 368, namely, clauses (4) and (5), Clause (5) confers upon the Parliament a vast and undefined power to amend the Constitution, even so as to distort it out of recognition. Since the Constitution had conferred a limited amending power on the Parliament, the Parliament cannot under the exercise of that limited power enlarge that very power into an absolute power. Indeed, a limited amending power is one of the basic features of our Constitution and therefore, the limitations on that power cannot be destroyed. In other words, Parliament cannot, under Art. 368, expand its amending power so as to acquire for itself the right to repeal or abrogate the Constitution or to destroy its basic and essential features. The donee of a limited power cannot by the exercise of that power convert the limited power into an unlimited one. Since cl. (5) of Article 368 transgresses the limitations on the amending power, it must be held to be unc....