The Supreme Court laid down the ‘Theory of Basic Structure’. The Parliament has wide powers of amending the Constitution and it extends to all the Articles, but the power is not unlimited and does not include the power to destroy or abrogate the basic feature or framework of the Constitution. There are implied or inherent limitations on the power of amendment under Article 368. Within these limits the Parliament can amend every Article of the Constitution. The basic feature comes into picture when it is found that legislature transgresses the boundary defined initially by the Constitution. Powers are given by the Constitution to the legislature to frame laws to fulfil the requirements of the people. But the Parliament cannot enlarge its own powers so as to abrogate the limitation in the terms on which the power to amend was conferred. Thus, the parliament cannot destroy the human rights and the fundamental freedoms which are reserved by the people for themselves.
- Profile
- Practice Area
- Research & Publication
- Arbitration
- What is Arbitration?
- Legislative history of arbitration in India
- What is an “Arbitration Agreement”
- Initiating Arbitration
- Non-arbitrable disputes
- Appointment of Arbitrator
- Challenge to arbitral Tribunal
- The principle of Kompetenz-Kompetenz
- Interim measures
- ‘Seat’ versus ‘venue’
- Conducting arbitration proceedings
- Challenge to arbitral award
- Enforcement of award in India
- Constitutional Law
- Law of Contract
- Arbitration
- Important Statutes & Rules
- Blog
- Gallery
- Contact