UPSC Previous Year Question | Mains GS2 | 2025
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. (Answer in 250 words)
Answer
Introduction
Article 368 gives Parliament constituent power while balancing adaptability against transient-majority domination.
Analysis
Procedural limits
- A bill may originate in either House; no joint sitting is available.
- Most amendments require a majority of total membership and two-thirds of members present and voting.
- Federal provisions additionally require ratification by at least half the States; state legislatures cannot initiate amendments.
Way Forward Or Assessment
Substantive limits
- Kesavananda Bharati’s basic-structure doctrine prohibits destruction of constitutional identity.
- Judicial review, constitutional supremacy, democracy, secularism, federalism, separation of powers and rule of law are protected dimensions.
- I.R. Coelho confirms that Ninth Schedule amendments remain reviewable. Thus reform is permitted, constitutional replacement is not.
Keywords
Keywords: polity, constitution, Article 368, basic structure doctrine
Topics: article 368, basic structure doctrine, constitution, polity