Basic structure of Constitution can be amended, not destroyed: Madras HC

Madras High Court judge, Justice T Mathivanan on Saturday said basic structure of the Constitution can be amended but not be destroyed.

Last Updated: Nov 27, 2010, 21:39 PM IST

Kumbakonam: Madras High Court judge, Justice
T Mathivanan on Saturday said basic structure of the Constitution
can be amended but not be destroyed and it was essential for
everyone to be allowed to participate in the political system
to ensure political justice held out by the preamble.
Speaking at the law day at Kumbakonam Bar Association, he
said the Constitution states equal justice, liberty, equality
and fraternity should be protected and promoted.

The Constitution, he said, promises not only political but
also social democracy. "The doctrine of basic structure is not
found anywhere. It was a judicial innovation made by the
Supreme Court to maintain the supremacy of the constitution,
but it has not defined it.

He said the basic structure of the constitution can be
defined as those parts without which the constitution may
loose its fundamental character. However fundamental rights
are not unlimited rights, but restricted rights.

If these are violated, the person can approach Supreme
Court. The constitution authorizes Parliament to impose new
restrictions upon law. Restrictions imposed by Parliament are
subject to judicial review.
He said fundamental rights are unamendable and are given a
transcendental. The Apex Court has observed Parliament enjoys
two types of power and cannot change its ordinary legislative
power by any law but change its constituent legislative power.

The amending power of Parliament is limited to the limit
of not violating the basic structure of the constitution. The
basic structure of the constitution can be amended but not be
destroyed. Fundamental rights conferred must be safeguarded,
protected and shall not be violated or infringed by any means
and the people shall not be discriminated, he said.

PTI