GS Paper 2 15 marks · 250w 14 min Medium
Indian Constitution has conferred the amending power on the ordinary legislative institutions with a few procedural hurdles. In view of this statement, examine the procedural and substantive limitations on the amending power of the Parliament to change the Constitution.
Subtopic: Constitution & Polity · amending power & basic structure doctrine
How to structure your answer
Introduction: Article 368 vests constituent power in Parliament with deliberate flexibility → Procedural limitations: special majority, state ratification for federal provisions, no joint sitting, obligatory assent → Judicial evolution: Shankari Prasad to Golak Nath to the 24th Amendment → Substantive limitation: basic structure doctrine (Kesavananda, 1973) → Amendments struck down in application (1975, 1980, 2007) → Conclusion
Written within the word limit
261 words · target 250 words · 14 min
Article 368 vests Parliament — an ordinary legislative institution acting in constituent capacity — with power to amend the Constitution 'by way of addition, variation or repeal'. The framers deliberately avoided rigid devices such as referendums or conventions, retaining only limited procedural hurdles.
Procedural limitations
- Initiation only by a Bill in either House of Parliament; state legislatures cannot initiate amendments.
- Special majority in each House separately — a majority of total membership and two-thirds of those present and voting; no joint sitting is available to resolve deadlock.
- Ratification by at least half the state legislatures for federal provisions — election of the President, Union-State legislative relations, the Supreme Court and High Courts, the Seventh Schedule, representation of states, and Article 368 itself.
- Presidential assent is obligatory (24th Amendment, 1971); some provisions (Articles 4, 169) are alterable by simple majority outside Article 368, underscoring overall flexibility.
Substantive limitations: the basic structure
- Shankari Prasad (1951) and Sajjan Singh (1965) upheld an unlimited amending power; Golak Nath (1967) barred abridgement of Fundamental Rights; the 24th Amendment reasserted parliamentary power.
- Kesavananda Bharati (1973) settled the balance: Parliament may amend any provision but cannot damage or destroy the 'basic structure' — constitutional supremacy, rule of law, judicial review, secularism, federalism, free and fair elections, and the limited amending power itself.
- In application: Indira Nehru Gandhi v. Raj Narain (1975) struck down clause (4) of Article 329A; Minerva Mills (1980) invalidated clauses (4) and (5) of Article 368 inserted by the 42nd Amendment; I.R. Coelho (2007) opened post-April 1973 Ninth Schedule laws to review.
India's amending power is thus procedurally flexible but substantively bounded: the Constitution can grow with changing needs, yet its identity stays beyond the reach of transient majorities.
What an examiner expects to see
- Article 368: constituent power exercised by Parliament itself — no referendum, no special convention; a deliberate blend of flexibility and rigidity.
- Procedural limits: Bill in either House only, special majority of each House separately (total membership + two-thirds present and voting), no joint sitting, obligatory Presidential assent after the 24th Amendment (1971).
- Federal entrenchment: ratification by half the state legislatures for provisions touching the President's election, Union-State relations, the judiciary, the Seventh Schedule, states' representation and Article 368 itself.
- Simple-majority changes (Articles 4, 169, Fifth/Sixth Schedule modifications) fall outside Article 368 — evidence of the 'few hurdles' the question cites.
- Doctrinal arc: Shankari Prasad (1951) → Sajjan Singh (1965) → Golak Nath (1967) → 24th Amendment → Kesavananda Bharati (1973) basic structure doctrine.
- Substantive limits applied: Indira Nehru Gandhi (1975) on Article 329A(4); Minerva Mills (1980) striking Article 368(4)-(5); I.R. Coelho (2007) on Ninth Schedule laws after 24 April 1973.
- Illustrative basic features: constitutional supremacy, rule of law, judicial review, secularism, federalism, free and fair elections, harmony of Fundamental Rights and Directive Principles.
Concrete cases, schemes and judgments
- Kesavananda Bharati v. State of Kerala (1973)
- Minerva Mills v. Union of India (1980)
- Indira Nehru Gandhi v. Raj Narain (1975)
- I.R. Coelho v. State of Tamil Nadu (2007)
- 24th Constitutional Amendment Act, 1971
- 101st Amendment (GST) — an example of the ratification route in practice
Terminology to weave into the answer
Article 368constituent powerspecial majoritystate ratificationbasic structure doctrinejudicial review