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.

UPSC Mains 2025 GS Paper 2 Question Paper

Q. 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.

Introduction:
The Constitution empowers Parliament to amend it under Article 368, but this power is subject to procedural safeguards and substantive (judicially evolved) limitations.

1. Nature of Amending Power

• Falls between rigidity and flexibility
• Vested in ordinary legislature (Parliament), unlike special constituent bodies
• Reflects balance between change and continuity

2. Procedural Limitations (Express in Constitution)

(a) Special Majority Requirement

• Amendment Bill must be passed by:
  • Majority of total membership +
  • 2/3rd of members present & voting

(b) Federal Ratification (Selective)

• Required for provisions affecting:
  • Federal structure
  • Election of President
  • Distribution of powers
• Needs approval by ≥ 50% of State Legislatures

(c) No Joint Sitting

• Deadlock cannot be resolved by joint sitting → ensures deliberation

(d) President’s Assent

• Mandatory after passage (cannot withhold post-24th Amendment)

(e) Initiation Restriction

• Amendment Bill can be introduced only in Parliament, not in State Legislatures

3. Substantive Limitations (Judicial Doctrine)

Basic Structure Doctrine

• Evolved in Kesavananda Bharati v. State of Kerala
• Parliament cannot alter basic structure

Core Elements (illustrative):

• Supremacy of Constitution
• Rule of Law
• Judicial Review
• Federalism
• Secularism
• Separation of Powers
• Free & fair elections
• Judicial independence

4. Evolution through Case Laws

• Golaknath v. State of Punjab
  • Fundamental Rights not amendable (later modified)
• Kesavananda Bharati v. State of Kerala
  • Parliament can amend any part but not basic structure
• Indira Nehru Gandhi v. Raj Narain
  • Free & fair elections part of basic structure
• Minerva Mills v. Union of India
  • Limited amending power itself is basic structure

5. Interplay: Procedure + Substance

• Procedural limits → ensure federal consensus & deliberation
• Substantive limits → prevent constitutional destruction
• Judiciary acts as final interpreter

6. Critical Evaluation

Strengths

• Prevents majoritarian excesses
• Ensures constitutional continuity
• Protects core democratic values

Concerns

• Judicial supremacy debate (unelected judiciary limits Parliament)
• Ambiguity of basic structure elements
• Potential conflict between organs

7. Way Forward

• Maintain institutional balance (Parliament–Judiciary)
• Ensure reasoned judicial interpretation
• Promote constitutional culture & restraint

Conclusion:
While Parliament possesses wide amending powers, procedural safeguards and the Basic Structure doctrine ensure that constitutional evolution does not undermine its foundational identity.

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