In India, winning more than 400 seats in the Lok Sabha (the lower house of Parliament) is theoretically possible, although highly challenging given the diverse and multi-party nature of Indian politics. The total number of seats in the Lok Sabha is 543, so winning over 400 seats would give a party a very significant majority.
Constitutional Amendments
To amend the Constitution of India, the following procedure must be followed:
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Ordinary Amendments: Most provisions of the Constitution can be amended by a special majority of Parliament. This requires:
- A majority (more than 50%) of the total membership of each House (Lok Sabha and Rajya Sabha).
- A two-thirds majority of the members present and voting in each House.
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Amendments affecting federal structure: Some provisions require not only a special majority in Parliament but also ratification by at least half of the state legislatures. These provisions typically relate to the federal structure of the country, the judiciary, and certain fundamental rights.
Changing Fundamental Structure
However, the Supreme Court of India has established the "basic structure doctrine" in the landmark case of Kesavananda Bharati vs. State of Kerala (1973). According to this doctrine, Parliament cannot amend the basic structure of the Constitution. Elements considered part of the basic structure include:
- Supremacy of the Constitution
- Rule of law
- The principle of separation of powers
- Judicial review
- Fundamental rights
Abolishing Future Elections
Hypothetically, if a party with more than 400 seats attempted to amend the Constitution to abolish future elections, this would likely be challenged in the Supreme Court. The court would examine whether such an amendment violates the basic structure of the Constitution. Given that democratic principles, free and fair elections, and the periodicity of elections are fundamental to the Indian Constitution's structure, such an amendment would almost certainly be struck down by the Supreme Court.
Practical Constraints
In addition to the legal and judicial hurdles, there would be significant practical and political constraints. Such a move would likely face:
- Intense public opposition.
- Resistance from political parties, civil society, and media.
- Potential civil unrest and political instability.
- International condemnation and diplomatic pressures.
Conclusion
While a party winning more than 400 seats in the Lok Sabha could theoretically propose significant constitutional amendments, any attempt to fundamentally alter democratic principles, such as abolishing future elections, would face severe legal, political, and social challenges. The basic structure doctrine serves as a robust safeguard against such drastic changes, ensuring that the core values of democracy and rule of law are preserved in India.
