Article 21: Judicial Review vs Parliamentary Sovereignty

constitutional ailet advanced mcq_debate

I'm having a beef with Rohan over this one. AILET 2020 Q. 34: Whether the Parliament can amend Article 21 by enacting a law that permits euthanasia under certain circumstances.

Rohan says: 'Chalo, the parliament can easily amend Article 21 and make euthanasia legal. It's their powers under Article 245. They can do whatever they want.'

I say: 'Wait, no way. We have the concept of basic structure here. Even if the parliament passes a law, the SC can strike it down if it goes against the fundamental rights guaranteed under Article 21. We can't let the parliament destroy the core of our Constitution.'

Rohan, I'd love to hear your rebuttal, but I think we need some outside perspectives on this one.

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