Academic Query on the power of Doctrine of Basic Structure, in front of the Parliament's right to change the basic structure of Construction.
1. The constituent assembly was also made as a legislative body (legislative assembly) by the Indian Independence Act 1947 (UK Parliament).
2. The constituent assembly which now also become a legislative body, now empowered by the Indian Independence Act 1947, as a fully sovereign body which could frame any constitution it pleased and pass any legislation as well.
3. The constituent assembly did not end it's existence after its final session on 24 January 1950 and continued as provisional Parliament of India from 26 January 1950 till the formation of new parliament after the first general elections in 1951-52.
The third point above indicates that Constituent Assembly transcended into the Parliament (legislative assembly), a legislative body, and thus Indian Parliament, inherently by nature, is not only a constituted body but also carries the transcendence of constituent assembly within itself.
Thus Indian Parliament does possess the inherited sovereign residual "constituent power", which could be enhanced, at any point of time, as per the will of Parliament, to it's full resumption, then to change the document entirely or replace as it would seem fit.
4. The Constituent Assembly members were not happy with the fact that India’s independence could be traced to the Indian Independence Act 1947 (UK Parliament). So they did two things: first, the Assembly did not put the final Constitution it drafted to British parliament to approve as was provided for in the Act. Second, it repealed the Act itself through Article 395 of the Constitution.
The fourth point above means that the constituent assembly, which repealed it's own maker, after becoming a legislative assembly, in addition to being a constituent assembly, would automatically cease to exist as a constituent assembly as it was birthed from the two acts, namely, Government of India Act 1935 and Indian Independence Act 1947. Thus, after repealing the aforesaid acts, the constituent assembly naturally transcended, with it's constituent power, into the legislative assembly (Parliament), which now carried even more greater power than the constituent assembly itself, as it was the sovereign nature of the legislative assembly, which was granted by the Indian Independence Act 1947, granted the power to execute the repealing ofthe creator acts, in the first place.
Thus, the Parliament (legislative assembly) carries greater weight than constituent assembly as it has the combined power of inherent constituent power and instituted constitution power; and would be well within its right to amend, modify, replace, anything and everything in the Constitution as it deems fit.
Thus, the doctrine of basic structure automatically yields, here, in front of the Parliament's right to change the basic structure of Constitution.
