POLITY MASTER CLASS 6 PDF - Parliament Study Guide

Essentials of Parliament-01 Class Plan: 1. Concepts 2. Bicameralism 3. Terminologies 4. Qualifications to become MPs 5. Reasons for disqualifications 6. Important offices 7. Law making procedure  Why aspect is more important than what aspect 1. Concepts 1.1 Separation of Power...

Essentials of Parliament-01 Class Plan: 1. Concepts 2. Bicameralism 3. Terminologies 4. Qualifications to become MPs 5. Reasons for disqualifications 6. Important offices 7. Law making procedure  Why aspect is more important than what aspect 1. Concepts 1.1 Separation of Powers Parliamentary system Or Cabinet system EXECUTIVE (com) IS RESOPOSIBILE TO THE LEGISLATURE (PARLIAMENT). Government by AMATURES- not field experts Previous Year Questions 2018 Previous Year Questions 2020 1.2 Separation of Powers  Separation of Powers and Checks and Balances Both to control the scope of power Concept Definition Examples Differences Significance Division of Separation of Ensures no single Legislature government Powers is about branch becomes (Parliament), responsibilities into the division of too powerful, Separation Executive (President three distinct roles and allows for Protects liberty of Powers and Council of branches to prevent responsibilities specialization and Ministers), Judiciary concentration of among different independence of (Supreme Court) power branches each branch Seperate judiciary from executive is mentioned in Article 50 - Judiciary can System that allows declare laws Checks and Promotes each branch of unconstitutional Balances is about accountability, government to amend - President can veto the mechanisms prevents abuse of Checks and or veto acts of another bills passed by that ensure power, ensures Balances branch to prevent any Parliament balance of power cooperation and one branch from - Parliament can and accountability balance among exerting too much impeach the among branches branches power President or Judges Not mentioned in Constitution India- fusionary system(parliamentary) USA- rigid system What is meant by separation of powers? Government’s powers shared among separate organs. Tripartite division of powers among L, E and J. All 3 organs are independent and distinct. None of them are allowed to exercise powers of the other two. No person is part of more than one organs. Constitution itself lays down such a scheme for sharing. Article 50 Need for separation of powers Prevents concentration of powers-difficult to abuse Preserves democracy Prevents arbitrariness and tyranny Individual liberty is safeguarded System of checks and balances It promotes efficiency and specialization. Ensures rule of law. 1.3 Comparison with the British system  INDIA UNITED KINGDOM 1 Constitution is supreme Parliament is supreme. 2 Supreme and High courts can review Courts in the UK has limited powers to review parliamentary authority through judicial Parliament’s enactments review. 3 Parliament cannot alter the No such limitation on the Parliament’s power Constitution’s basic structure. to alter the Constitution. 4 Federal system constrains parliamentary Parliament can legislate on any subject sovereignty. Parliament cannot legislate without limitations exclusively on State List 5 Amendments require different majorities Simple majority suffices for all amendments, based on the type of amendment and including constitutional ones state ratification. republic , federal system,complex unitary system,flexible, Monarchy-hereditary head  UK- unwritten constitution=Parliamentary supremacy Previous Year Questions 2021 2. Terminologies Yearly 3 sessions, only time gap between the sessions are mentioned in Constitution Term Definition Explanation Examples The period during which A session is made up of The Budget Session Parliament meets to multiple sittings and occurs generally occurs from Session conduct its business. a few times a year (e.g., February to April; the It comprises multiple Budget Session, Monsoon Monsoon Session from sittings. Session). July to September. A single meeting of a House A sitting refers to each A sitting on a particular Sitting of Parliament on a particular individual meeting during a day: Forenoon sitting day. session. and Afternoon sitting. A recess is the break The break between the between two sessions, The period between two Budget Session ending in Recess sessions of Parliament. during which no formal April and the Monsoon parliamentary business is Session starting in July. conducted.  TERMS 1. SESSION 2. RECESS 3. SITTING  TERMS Article 85: The President from time-to-time summons 1. Summon session of the Parliament. Sessions shall be held at such time and place as the President thinks fit. On advice of the Council of Ministers. Maximum gap between two sessions is six months.  TERMS 1. Summon Brings an end to a session of the Parliament. 2. Prorogation Prorogation is done by the President. Done on advice on Council of Ministers.  TERMS 1. Summon 2. Prorogation Adjournment means terminating/ending a sitting= 3. Adjournment break between sittings. Done by Presiding officer (Speaker/Chairman) The Presiding officer mentions date and time of next meeting.  TERMS 1. Summon 2. Prorogation 3. Adjournment Terminating/ending a sitting without 4. Adjournment sine die mentioning date and time of next meeting Adjournment for indefinite period Done by Presiding officer (Speaker/Chairman)  TERMS 1. Summon Swap poll- 2. Prorogation President can dissolve LS at any time 3. Adjournment 4. Adjournment sine die Ending the very life of present Lok Sabha. Lok Sabha is not a permanent House. 5. Dissolution(only LS) It is automatically dissolved after the expiry of five years from the date of its first meeting. It is irrevocable Why the President is an integral part of the Parliament? i. A bill passed by both Houses of Parliament cannot become a law without the President’s assent. ii. The President performs the following functions relating to parliament. Summon both Houses. (Art.85) Prorogue both Houses. Sending messages Addressing both the Houses. (Art.87) Dissolves the Lok Sabha on recommendation of cabinet. Issues ordinances when houses are not in session  Term Definition Examples ▪ The act of calling all members of Parliament to The President summons the Summon meet for a session. Parliament for the Budget ▪ Issued by the President. Session. The President prorogues the ▪ The termination of a session by an order of the Budget Session after its Prorogation President. Issued by the President. conclusion, but Parliament reconvenes later. ▪ The suspension of a sitting of Parliament to a The Lok Sabha is adjourned later date or time specified for resumption. Adjournment for lunch and reconvenes later ▪ Issued by the Presiding Officer in the day. (Speaker/Chairman). ▪ The suspension of a sitting of Parliament The Rajya Sabha is adjourned without specifying a date or time for Adjournment sine sine die after completing its resumption. die business without setting a ▪ Issued by the Presiding Officer date for the next sitting. (Speaker/Chairman). ▪ The termination of the existing Lok Sabha, The Lok Sabha was dissolved either by expiration of its term or by an order in May 2019 before the Dissolution of the President. general elections to form a ▪ Issued by the President. new Lok Sabha. Previous Year Questions 2020 Minimum days can be amended to bring more responsibility to the Parliament to tackle its present undermining Previous Year Questions 2024 Previous Year Questions opp. RS forwarded bill is pending in LS- the bill will not be lapsed 2024 In the same case, a bill 108 article passed by both LS & RS and it under the consideration of President- it will not lapse  TERMS Article 87 President addresses a joint meeting of RS and LS President’s 1. First sitting of new LS Address 2. First sitting of every year Policy speech by President Speech is prepared by Union Council of ministers Motion of Thanks in both Houses separately: Simple majority. is not passed PM must resign 3. Bicameralism  Bicameralism Bicameral legislature is legislature having two houses/chambers. Purpose: Representation of the people as well as states (usually in fed). Article 79: The Parliament of India shall consist of 1. President 2. House of People (lower House) 3. Council of states (Upper House) Article 169: Bicameralism in states. Six states at present have bi-cameral legislature.  PARLIAMENT LOK SABHA RAJYA SABHA PRESIDENT Represents the people Represents the states in of India India Directly elected House Indirectly elected House People of 543 Territorial 245 seats distributed constituencies elect among states. one member each. Both elected and nominated members Indirectly elected by the people. What is Delimitation? Delimitation refers to the process of determining the number of seats and defining the boundaries of territorial constituencies in each Indian state for both the Lok Sabha (the lower house of Parliament) and the State Legislative Assemblies. The Delimitation Commission Act provides the legal framework for conducting delimitation. Delimitation is typically carried out after every census. Significance: It redraws the boundaries of constituencies to ensure that each constituency represents a roughly equal number of voters. Previous Year Questions 2024 Delimitation Commission 1. The Delimitation Commission is constituted by the Central Government under the Delimitation Act after every census. 2. It is appointed by the President of India and works in collaboration with the Election Commission of India. High power body 3. Delimitation Commission is a statutory body. 4. The Commission comprises a chairman, the Chief Election Commissioner or any of the two election commissioners, and the Election Commissioner of the state where the election occurs. 5. The term of the Commission is not fixed. It continues to function till its task is completed. Delimitation Commission /Boundary commission 5. The orders of the Delimitation Commission are laid before the Lok Sabha and the respective State Legislative Assemblies. 6. The orders of the Delimitation Commission have the force of law binding and cannot be challenged in any court of law. These orders come into force on a date to be specified by the President of India based on the 1971 population Points to be noted Delimitation Commission 01. 02. 03. 04. Statutory body Multi-member Orders are Orders are not appointed by body. No fixed binding. They subject to the President. tenure. have force of judicial review. law. Representation of states in RS FOURTH SCHEDULE NO UNIFORMITY IN REPRESENTATION Unequal seats BASED ON POPULATION: Maximum – Uttar Pradesh 31 members Least - Tripura - one member. All northeastern states except Assam have one seat each. Representation of UTs in RS FOURTH SCHEDULE Only 3 UTs have representation- Delhi, Puducherry and J&K But in LS all UTs are represented... Lok Sabha MPs from states BASED ON POPULATION: Maximum – Uttar Pradesh- 80 members Least - Mizoram, Nagaland, Sikkim- one member each. Are people of UTs represented in the Lok Sabha?  Two Houses COUNCIL OF STATES HOUSE OF PEOPLE (RAJYA SABHA) (LOK SABHA) Composition Article 80 Article 81 Max 250 Max 550 Nominated by President: 12 From states: 530 Representatives of States/UTs : 238 From UT: 20 Actual Strength 245 543 Method of election of Indirect: By MLAs of respective Direct: by People of India members state/UT Legislative Assembly Adult suffrage Proportional representation by Territorial Constituencies President,VP, single transferable votes First Past the Post system.  Nominated members- Anglo Indians were given in earlier times COUNCIL OF HOUSE OF PEOPLE (LOK STATES(RAJYA SABHA) SABHA) Reservation to minorities None Seats are reserved for SC/ST Duration Permanent House Normal term: 5 years from first session President can DISSOLVE Extension : 1year during National Emergency Term of individual member 6 years Life of the Lok Sabha Qualifications to be a Indian Citizen Indian citizen member 30 y.o 25 y.o Oath or affirmation Oath or affirmation Registered voter in any Registered voter in any constituency constituency Two Houses Comparison of powers of Lok Sabha and Rajya Sabha  POWERS OF RAJYA SABHA Powers equal with LS Less powers Special powers Ordinary bills- introduction and Collective responsibility and No- Powers under Article 312- new passing. confidence motion- ONLY LS. All India service by RS resolution. Constitution Amendment bills- Introduction and passing of introduction and passing. Money bills and certain finance Resolution for Parliamentary law bills- ONLY LS making on state subjects. Approving ordinances and Removal of the VP (Chairman) Emergency Voting on Demand for Grants- (Article 123) ONLY LS. Election of the President and VP. Confidence Motion, No- Confidence Motion, Censure Motion and Adjournment Motion Impeachment of President Removal of SC/HC judges Forming Council of Ministers. Previous Year Questions 2022 Previous Year Questions 2020  Civil Service Prelims, 2012 Previous Year Questions 2012 4. Qualifications & Disqualifications Qualifications to become member of parliament 1 Constitution 1.Must be citizen of India 2.Minimum age: 25(LS) and 30(RS) years 3.Must take oath or affirmation- allegiance to C+ Uphold unity and integrity. Can contest from any constituency. 2 RPA 1951 1.She must be registered as a voter in a parliamentary constituency. 2.Must be a member of the SC/ST community if contesting from a reserved seat. What is the maximum number of Lok Sabha/Assembly seats that a candidate can contest from? Two Since 1996 Representation of People Act, 1951 Section 33(7) Previous Year Questions 2021 Reasons for disqualification CONSTITUTION RPA, 1951 TENTH SCHEDULE 1.Office of profit 1.Guilty of election (Anti-Defection 2.Unsound mind offences/corrupt practices Law) (declared by court) 3.Undischarged 2.Election expenses 1.Voluntarily gives up insolvent 3.Conviction and membership of party imprisonment for 2.Independent MP 4.Voluntarily acquiring 2/more years joining any party foreign citizenship 4.Enmity between 3.Nominated MP joining 5.Under laws made by groups party after 6 months. parliament. 5.untouchability 4.Vote against party instruction Previous Year Questions 2020 Sec * of the RPI cannot permanently disqualified 2 or more years of convicton is applicable disqualified- cool off period conviction time = 6 yrs 4.2 Anti-defection law  no automatic dismissal , only on the grounds of complaints to the presiding officer Anti-defection law defined in 10th schedule 1. The Tenth Schedule of the Indian Constitution, also known as the anti-defection law, was added in 1985. 2. Its primary purpose is to bring stability to governments by Normal party member can swap their political party- it discouraging legislators from changing parties. will not fall under 10th schedule.It is applicable to 3. The decision regarding disqualification due to defection rests with the MPs/MLAs Speaker (in the case of the Lok Sabha) or the Chairman (in the case of the Rajya Sabha). no time frame= they can delay the proceedings- lead to the misuse of the provision 4. The Anti-Defection Law is subject to judicial review. However, the courts generally avoid interfering in the Speaker’s or Chairman’s decisions unless there is a clear violation of constitutional principles.  What amounts to defection? 1 2 3 4 If an elected If the elected If any If a nominated member voluntarily member abstains independently- member joins any gives up their from voting in the elected member political party after membership of a House contrary to decides to join any the end of six political party and any direction issued political party, it falls months from their joins another party, by their political under the purview nomination it can it amounts to party, it can lead to of defection. result in defection. disqualification. disqualification. Any no. less than 10 will liable to anti defection= more than 10- not proceedings will be initiated(resort politics) They can contest in the immediate election/by election Previous Year Questions 2022 4.3 Office of Profit Office of profit 1. An “office of profit” refers to a position that provides financial gain, only mentioned but not defined in C advantages, or benefits to the person holding it. defined in Prevention of Disqualificaton Act 2. Article 102 (for Members of Parliament) and Article 191 (for State Legislative Assemblies) govern disqualifications related to offices of profit. 3. The term aims to prevent conflicts of interest and maintain the independence of legislators. 4. Neither the Constitution nor any other legislation explicitly defines the term “office of profit. Done by the 5. Courts: The office is under the central or state government (except those specifically exempted by law).  Office of profit What is Office of Profit? ▪ The "office of profit" refers to any position or post under either central or state government which yields salaries, perks, or other benefits. Is it mentioned in the ▪ Yes. Constitution? ▪ According to Article 102 and Article 191 of the Indian Constitution, holding an office of profit under the government disqualifies an individual from being chosen as, or being, an MP or an MLA of a state, respectively. Is it defined in the ▪ No. Constitution? Significance ▪ To prevent conflict of interest. ▪ If an elected representative simultaneously holds a position in the government that offers financial gain or benefits, it may compromise their independence and ability to perform their duties impartially. ▪ Therefore, to ensure the separation of powers and maintain the integrity of the legislature, the Constitution prohibits MPs and MLAs from holding offices of profit. Previous Year Questions 2019 Current Affairs Submitting election expenses to the Election Commission In India, after a general election, all candidates must submit their election expenses report to the District Election Officer (DEO) within 30 days from the date of declaration of the result. This submission is mandatory and is enforced by the Election Commission of India (ECI) as part of its expenditure monitoring system. Section 10A of the Representation of the People Act, 1951. If an elected MP fails to submit the election expenses within this period, the ECI has the authority to disqualify the MP for a period of three years. 5. Presiding officers, LoP and Whip Position Mentioned in the Elected/Appointed Major functions Constitution? Pro-tem Speaker Presides over the first meeting of Appointed by the newly elected Lok Sabha, administers No President oath to new members, conducts election of Speaker Speaker Presides over Lok Sabha sessions, Yes, Article 93 Elected ensures order, decides on points of order, certifies money bills Deputy Speaker Yes, Article 93 Assists and stands in for the Speaker, Elected presides in Speaker's absence Chairman Presides over Rajya Sabha sessions, Yes, Article 89 Ex-officio ensures order, decides on points of order Leader of No, Mentioned in Recognized Opposition law(Statutory post) Whip No Ensures party discipline, mobilizes Appointed by the support during voting, conveys party respective political party decisions to members  Protem Speaker a. Temporary speaker. b. Usually the senior most member (By convention). c. Appointed by President. d. Two responsibilities: a. Administers oath to fellow members of new LS. b. Conducts Speaker election e. Continues till the full-time speaker is elected  Presiding officers of Lok Sabha Speaker of the Lok Sabha a. Presides over sittings of Lok Sabha. b. Mentioned in the Constitution (Articles 93-96) c. Date of election is fixed by the President. d. Who can become: Any member with adequate knowledge/experience. e. Elected by members of LS. i. Election by simple majority f. Usually from ruling party (convention). Mr. Somnath Chatterjee g. Can be removed by members of the LS. h. Resignation letter to the Deputy Speaker. i. Continues in office till the first meeting of the new Lok Sabha.  Presiding officers of Lok Sabha Deputy- Speaker a. Presides over sittings of LS when Speaker is absent. b. Must be a member of Lok Sabha. c. Date of election is fixed by the Speaker. d. Elected by members of LS. e. Election by simple majority f. In office till dissolution of Lok Sabha g. Can be removed by members. h. From opposition party (By convention) i. Resignation letter to the Speaker.  Presiding officers of Lok Sabha Panel of chairpersons List of MPs nominated by speaker. They presiding over when both Speaker and the deputy Speaker are absent.  Other officers of Lok Sabha Secretary General of Lok Sabha Appointed by the Speaker. Senior civil servant Head of Lok Sabha staff.  Presiding officers of Rajya Sabha Chairman a. Vice President is the ex-officio chairman(Article 64) b. Presides over sittings of Rajya Sabha. c. Vice President is not a member of the House. d. Rajya Sabha has Deputy Speaker who presides over the House when the VP is busy with official matters. Dr. S. Radhakrishnan  Presiding officers of Rajya Sabha Deputy Chairman Deputy Chairman Presides over sittings of LS when Chairman is absent. Must be a member of Rajya Sabha Elected by members of RS Election by simple majority In office for the term of membership Resignation letter to the Chairman Mentioned in Constitution: Article 89 Panel of 10 chairpersons For presiding over when both Speaker and the deputy Speaker are absent. Nominated by Chairman(VP).  Presiding officers of Rajya Sabha Deputy Chairman Deputy Chairman Panel of 10 chairpersons For presiding over when both Speaker and Presides over sittings of LS when Chairman the deputy Speaker are absent. is absent. Nominated by Chairman(VP). Must be a member of Rajya Sabha Elected by members of RS Election by simple majority In office for the term of membership Resignation letter to the Chairman Mentioned in Constitution: Article 89  ELECTED BY Members of Lok Sabha OATH BY PRO TEM SPEAKER QUALIFICA ANY MEMBER WITH ADEQUATE EXPERIENCE TION TERM CONTINUES IN OFFICE TILL THE FIRST MEETING OF NEW LOK SABHA Speaker of Lok REMOVAL BY MEMBERS BY EFFECTIVE MAJORITY- 50 MEMBERS Sabha RESIGNATION ADDRSSES THE DEPUTY SPEAKER SPECIAL CERTIFIES MONEY BILL+PRESIDES OVER JOINT SITTING POWERS  Speaker of Loksabha PROVIONS TO ENSURE INDEPENDENCE AND IMPARTIALITY 1. Casting vote 2. Removal by resolution by Effective majority 3. Salaries and allowances: charged on CFI 4. Conduct cannot be criticised by members 5. Powers in conduct of business not subject to judicial review 6. Top in in protocol: above cabinet ministers. Previous Year Questions 2024 Previous Year Questions 2018 Previous Year Questions 2018 Leader of Opposition In both the Houses Statutory post (Provided in law made by Parliament) First: 1969 Statutory recognition: 1977 Leader of the opposition party with greatest numerical strength. Her party should win at least 1/10 of the total strength of the House(Not mentioned in Law- mentioned as a directive by GV Mavlankar) Cabinet rank. Previous Year Questions 2018 Whip Every party appoints one of its MPs as party whip. The whip is responsible for the party’s behaviour and discipline on the floor of the House Directs the party members to stick to the party stand- even in voting. Based on parliamentary conventions. Not mentioned in the Constitution or the Rules of either House 6. Types of Bills and Law making procedure Previous Year Questions 2018  Types of Bills and the Procedure in Parliament NO ORDINARY BILLS MONEY BILLS FINANCIAL CONSTITUTION Article 107 Article 110 BILLS Type I AMENDMENT BILLS Article 117(1) Article 368 1 Introduction in House Either House Loksabha only Loksabha only Either House 2 Introduced by Either minister/private Minister only Minister only Either member minister/private member 3 Whether Prior Not required* Yes Yes No recommendation of the President required 4 Type of Majority Simple majority Simple majority Simple majority Special majority under Article 368 5 Powers of Rajya Sabha Can amend/reject CANNOT Can Can amend/reject Detain for maximum amend/reject amend/reject 6 months Must return in 14 days NO ORDINARY BILLS MONEY BILLS FINANCIAL CONSTITUTION Article 107 Article 110 BILLS(I) AMENDMENT BILLS Article 117 Article 368 6 Options for the President 1. Give Assent 1. Give her Same as Ordinary MUST give her 2. Withhold assent assent bills assent 3. Return for 2. Withhold reconsideration assent CANNOT return 7 In case of deadlock Joint sitting Deadlock is not Joint sitting is No Joint sitting permitted possible as Rajya permitted permitted Sabha cannot (Pass separately) amend or reject Money Bills. Definition of Money Bills (Text of Art.110) (1) A Bill shall be deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters, namely:— (a) the imposition, abolition, remission, alteration or regulation of any tax; (b) the regulation of the borrowing of money or the giving of any guarantee by the Government of India, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the Government of India; (c) the custody of the Consolidated Fund or the Contingency Fund of India, the payment of moneys into or the withdrawal of moneys from any such Fund; (d) the appropriation of moneys out of the Consolidated Fund of India; (e) the declaring of any expenditure to be expenditure charged on the Consolidated Fund of India or the increasing of the amount of any such expenditure; (f) the receipt of money on account of the Consolidated Fund of India or the public account of India or the custody or issue of such money or the audit of the accounts of the Union or of a State; or (g) any matter incidental to any of the matters specified in sub-clauses (a) to (f). Previous Year Questions 2018 Previous Year Questions 2024 Previous Year Questions 2022 Previous Year Questions 2024 2023 How to amend the Indian Constitution? How to amend the Indian Constitution?  128 106 Constitution Amendment Bills so far Amendments acts so far  1. Admission and establishment of new states under Art. 2 2. Formation of new states by changing, areas, boundaries and names of existing states under Art. 3 3. Abolition and creation of Legislative councils in states. 4. Acquisition and termination of citizenship Provisions that can be 5. Elections to parliament and state legislatures. changed by simple 6. Delimitation of constituencies. majority in 7. Expanding the jurisdiction of the Supreme Court. Parliament 8. Union territories 9. Fifth Schedule 10. Sixth Schedule 11. Second Schedule: Salaries and allowances 12. Quorum in parliament. 13. Salaries and allowances of MPs. 14. Parliamentary privileges. Two types of amendment mentioned in Article 368 Article 368 Special Majority of the both the Special majority of both the Houses Houses of the parliament + of Parliament + Ratification of 50% President’s assent SLAs+ President’s assent. Federal matters-division of powers Art 368 Article 368 in Part XX of the constitution confers power to the Parliament to amend the constitution and its procedure. Terms: Addition/variation/repeal Procedure is also given in Article 368. USA- Separate Constituent Assembly  Not in state legislature Bill can be introduced in LS or RS only 01 By a minister or a private member. Amending Prior recommendation of the President not required. Procedure Special majority. 02 LS and RS have equal powers. Must pass the bill SEPARATELY=No joint sitting President must sign the Bill-no time limit President cannot veto 03 President cannot return The Constitution stands amended when the P gives assent.  For amending federal provisions: At least 14 of Role of state 04 the 28 state legislatures must ratify. Resolution by simple majority legislatures No time limit  Part XI Provisions that Article 73 Article 162 require Part V ratification by Part VI states Federal matters-division of powers Nature of amending procedure Blend of rigidity and flexibility Criticism of the amending procedure There is no special body for amending the Constitution. State legislatures can not initiate a constitutional amendment bill. There is no time frame for state legislatures’ ratification or rejection. There is no provision for joint sitting. The procedure allows scope for judicial intervention. What is Basic Structure Doctrine? Indian Judicial principle. Consists of features that reflect the basic spirit of the Indian constitution. Given by the SC: Article 368 does not enable the parliament to alter this basic structure or framework of the constitution. Vision of constitution makers/forefathers. Forms the basis of the power of the Supreme Court to review and strike down constitutional amendments. It helps in determining the constitutional validity of amendments. Basic structure is determined by the SC in each case that comes before it. Significance of BS 1. It ensured the supremacy of the constitution. 2. Set limit on the parliament’s power to amend the constitution. 3. Preserves the ideal and philosophy of the original constitution while adapting changes. 4. Preserving democracy- Against totalitarian state India continues to be the largest democracy. 5. Power of judicial review made explicit. It made the Supreme Court of India the final interpreter of the constitution. 6. In tune with the principles of separation of powers. 7. Pragmatic- living constitution-balance 8. Long lasting impact