Supreme Court Upholds Parliament's Power to Amend Basic Structure Doctrine, Clarifies Scope of Judicial Review
The Supreme Court of India, in a landmark ruling on May 23, 2026, upheld Parliament's power to amend the Constitution, including aspects related to the Basic Structure Doctrine, while simultaneously clarifying the limits of judicial review. This judgment stemmed from a challenge to a recent constitutional amendment concerning judicial appointments, reaffirming the delicate balance of power.
2-Minute Summary (TL;DR)
- The Supreme Court, on May 23, 2026, upheld Parliament's power to amend the Constitution, including aspects related to the Basic Structure Doctrine.
- The judgment was delivered by a nine-judge Constitution Bench, headed by Chief Justice of India, Justice Vikram Singh.
- The ruling addressed the constitutional validity of the 107th Constitutional Amendment Act, 2025, concerning judicial appointments.
- The Court clarified that while the Basic Structure Doctrine is inviolable, its application must be contextual and not an absolute bar to all amendments.
- It reaffirmed that judicial review is part of the basic structure but its exercise must be confined to constitutional validity, not policy wisdom.
- The 107th Amendment sought to replace the collegium system with a new framework for judicial appointments, including executive representation.
- The government, led by Prime Minister Dr. Rohan Mehta, welcomed the verdict as a validation of parliamentary supremacy.
- The ruling distinguishes the 107th Amendment from the 99th Amendment (NJAC Act, 2014), which was struck down in 2015.
- Key historical cases include Kesavananda Bharati v. State of Kerala (1973), which introduced the Basic Structure Doctrine.
- The judgment emphasizes balancing legislative power under Article 368 with judicial oversight to preserve the Constitution's 'essential identity'.
- The Attorney General for India, Ms. Ananya Sharma, represented the government's position during the hearings.
- The verdict has significant implications for the separation of powers and checks and balances in India's democratic framework.
Why In News
The Supreme Court delivered its much-anticipated verdict on a series of petitions challenging the 107th Constitutional Amendment Act, 2025, which sought to redefine the process of judicial appointments and the scope of parliamentary supremacy. The ruling on May 23, 2026, has significant implications for the delicate balance of power between the legislature and the judiciary, making it a pivotal moment in India's constitutional history and sparking widespread debate on constitutional interpretation.
Syllabus Connection
This news connects to the fundamental concepts of constitutionalism, separation of powers, judicial review, and the amending power of Parliament, requiring students to revise the Basic Structure Doctrine and the evolution of judicial-legislative relations.
Prelims vs Mains — What to Focus On
| Aspect | Prelims | Mains |
|---|---|---|
| What | SC upheld Parliament's power to amend Constitution, clarified Basic Structure Doctrine. | Analysis of the delicate balance between legislative supremacy and judicial review, and its impact on constitutional governance. |
| When | May 23, 2026, by a nine-judge Constitution Bench. | Significance of the timing in the context of ongoing debates on judicial reforms and accountability. |
| Which Amendment | 107th Constitutional Amendment Act, 2025, on judicial appointments. | Comparison with the fate of the 99th Amendment (NJAC) and the Court's reasoning for differentiation. |
| Key Doctrine | Basic Structure Doctrine (Kesavananda Bharati case, 1973). | Evolution and interpretation of the doctrine, its role as a constitutional safeguard, and its contextual application. |
| Implications | Reaffirms Parliament's amending power, defines limits of judicial review. | Impact on separation of powers, judicial independence, and future constitutional amendments and reforms. |
How This Topic is Tested in Competitive Exams
| Exam | Frequency | Approx. Marks | What Gets Asked |
|---|---|---|---|
| UPSC / State PCS | Very High | 15–25 | Polity is a core UPSC subject. Both Prelims and Mains test constitutional provisions in depth. |
| State PCS / PSC | High | 5–10 | State PCS papers test both central and state government structures. |
| SSC (CGL / CHSL / MTS) | High | 4–6 | Questions on constitutional amendments, Parliament, and schemes appear in every SSC paper. |
| Banking (IBPS / SBI) | Medium | 2–4 | RBI Act, banking legislation, and government policies are regularly tested. |
Key Facts to Remember: Supreme Court Upholds Parliament's Power to Amend Basic Structure Doctrine, Clarifies Scope of Judicial Review
- The Supreme Court, on May 23, 2026, upheld Parliament's power to amend the Constitution, including aspects related to the Basic Structure Doctrine.
- The judgment was delivered by a nine-judge Constitution Bench, headed by Chief Justice of India, Justice Vikram Singh.
- The ruling addressed the constitutional validity of the 107th Constitutional Amendment Act, 2025, concerning judicial appointments.
- The Court clarified that while the Basic Structure Doctrine is inviolable, its application must be contextual and not an absolute bar to all amendments.
- It reaffirmed that judicial review is part of the basic structure but its exercise must be confined to constitutional validity, not policy wisdom.
- The 107th Amendment sought to replace the collegium system with a new framework for judicial appointments, including executive representation.
- The government, led by Prime Minister Dr. Rohan Mehta, welcomed the verdict as a validation of parliamentary supremacy.
- The ruling distinguishes the 107th Amendment from the 99th Amendment (NJAC Act, 2014), which was struck down in 2015.
- Key historical cases include Kesavananda Bharati v. State of Kerala (1973), which introduced the Basic Structure Doctrine.
- The judgment emphasizes balancing legislative power under Article 368 with judicial oversight to preserve the Constitution's 'essential identity'.
- The Attorney General for India, Ms. Ananya Sharma, represented the government's position during the hearings.
- The verdict has significant implications for the separation of powers and checks and balances in India's democratic framework.
Practice Questions
Q1. The recent Supreme Court judgment on May 23, 2026, primarily concerned the constitutional validity of which of the following?
- The 99th Constitutional Amendment Act, 2014
- The 107th Constitutional Amendment Act, 2025
- The 42nd Constitutional Amendment Act, 1976
- The 24th Constitutional Amendment Act, 1971
Explanation: The Supreme Court's judgment on May 23, 2026, specifically addressed the constitutional validity of the 107th Constitutional Amendment Act, 2025. This amendment aimed to reform the judicial appointment process and was challenged on grounds of violating the Basic Structure Doctrine.
Q2. Which landmark Supreme Court case first introduced the 'Basic Structure Doctrine' in Indian constitutional law?
- Golaknath v. State of Punjab (1967)
- Minerva Mills v. Union of India (1980)
- Kesavananda Bharati v. State of Kerala (1973)
- Indira Gandhi v. Raj Narain (1975)
Explanation: The Basic Structure Doctrine was first propounded by the Supreme Court in the landmark case of Kesavananda Bharati v. State of Kerala in 1973. This doctrine established that Parliament's power to amend the Constitution under Article 368 is not absolute and cannot alter its fundamental features.
Q3. The Supreme Court's recent judgment clarified that while judicial review is an integral part of the basic structure, its exercise should primarily be confined to:
- Evaluating the wisdom and policy aspects of legislative enactments.
- Examining the constitutionality of laws based on established principles.
- Overriding parliamentary decisions on all matters of national importance.
- Directly participating in the legislative drafting process.
Explanation: The judgment clarified that judicial review primarily pertains to examining whether a law is consistent with the provisions of the Constitution, including fundamental rights. It cautioned against an expansive interpretation that delves into the wisdom or policy aspects of legislative enactments, emphasizing judicial restraint.
Q4. Which Article of the Indian Constitution grants Parliament the power to amend the Constitution?
- Article 13
- Article 32
- Article 226
- Article 368
Explanation: Article 368 of the Indian Constitution deals with the power of Parliament to amend the Constitution and the procedure for doing so. This article is central to the debates surrounding parliamentary supremacy and the Basic Structure Doctrine.
Q5. In the context of the recent judgment, which of the following countries has an explicit 'eternity clause' protecting certain fundamental principles from amendment, similar in spirit to India's Basic Structure Doctrine?
- United Kingdom
- United States
- Germany
- Canada
Explanation: Germany's Basic Law includes an explicit 'eternity clause' (Article 79(3)) that protects certain fundamental principles, such as human dignity, federalism, and the democratic and social state, from amendment. This provides a direct constitutional safeguard against fundamental changes, akin to the spirit of India's Basic Structure Doctrine.
How to Prepare Indian Polity & Governance for Government Exams — Supreme Court Upholds Parliament's Power to Amend…
Map every news item to an Article or provision in the Constitution. This is what UPSC Prelims directly tests.
For SSC and Railway, focus on the practical side — who appoints whom, term lengths, and what each body does.
Note the date and context of any constitutional amendment or ordinance. Questions are often framed around the 'first time' or 'most recent' event.
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