Article 368: The Power to Amend the Constitution
The Constitution of India is a living document, capable of adaptation to changing societal needs and aspirations. Article 368 vests the Parliament with the power to amend the Constitution, but this power is not absolute. It outlines specific procedures and has been subject to judicial interpretation to balance parliamentary supremacy with the fundamental structure of the Constitution.
The Amendment Process: A Step-by-Step Overview
Amending the Constitution involves a rigorous process designed to ensure deliberation and broad consensus. This process varies depending on the nature of the amendment.
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Types of Amendments and Required Majorities
| Type of Amendment | Procedure | Majority Required |
|---|---|---|
| Amendments relating to fundamental rights, directive principles, and any provisions which affect the federal structure of the Constitution. | Bill must be passed by a special majority in both Houses of Parliament. Additionally, at least half of the State Legislatures must ratify the bill by a simple majority. | Special Majority (2/3rd of present & voting) + Ratification by 1/2 States |
| Amendments relating to other provisions of the Constitution. | Bill must be passed by a special majority in both Houses of Parliament. | Special Majority (2/3rd of present & voting) |
| Amendments relating to citizenship, creation of new states, etc. | Bill must be passed by a simple majority in both Houses of Parliament. | Simple Majority |
Key Concepts and Interpretations
The 'Basic Structure Doctrine' limits Parliament's amendment power.
The Supreme Court, in the Kesavananda Bharati case, established that while Parliament can amend any part of the Constitution, it cannot alter its 'basic structure' or 'essential features'. This doctrine acts as a safeguard against arbitrary amendments.
The doctrine of Basic Structure, propounded by the Supreme Court of India, posits that the Constitution has certain fundamental features that cannot be abrogated or altered by Parliament through its amending power under Article 368. These features are considered essential to the identity and spirit of the Constitution. While the exact contours of the basic structure are not exhaustively defined and are subject to judicial interpretation, they are generally understood to include principles like parliamentary democracy, secularism, federalism, separation of powers, judicial review, and the rule of law. Any amendment that seeks to destroy or damage these core elements would be deemed unconstitutional.
Understanding the 'Special Majority' is crucial: it means more than two-thirds of the members present and voting, and a majority of the total membership of that House.
It established the 'Basic Structure Doctrine', limiting Parliament's power to amend the Constitution such that its fundamental framework is not altered.
Implications for Competitive Exams
For exams like UPSC, a thorough understanding of Article 368, the different amendment procedures, the types of majorities required, and landmark judicial pronouncements like Kesavananda Bharati is essential. Questions often test the ability to differentiate between amendment types and their respective procedural requirements, as well as the implications of the Basic Structure Doctrine.
Learning Resources
Direct access to the official text of Article 368 of the Constitution of India, providing the foundational legal text.
The landmark Supreme Court judgment that established the Basic Structure Doctrine, crucial for understanding the limits of Article 368.
A clear explanation of the amendment process, including the different types of amendments and the majorities required.
Detailed breakdown of the amendment procedures and the constitutional provisions governing them, useful for exam preparation.
A comprehensive overview of Article 368, including its historical context and judicial interpretations.
An in-depth analysis of the Basic Structure Doctrine, its evolution, and its implications on constitutional amendments.
A video tutorial explaining the process of constitutional amendments in India, ideal for visual learners.
An overview of the parliamentary procedures involved in passing constitutional amendment bills.
Provides a broad overview of the Indian Constitution, with sections detailing amendment procedures and key cases.
A targeted video lesson specifically for UPSC aspirants focusing on Article 368 and its relevance.