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UPSC Mains 2025Question 12General Studies 2Polity250 words

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)

Model answer & approach

- 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)
Introduction
The Indian Constitution under Article 368 empowers Parliament to amend the Constitution, but this power, though wide, is neither absolute nor unlimited. It is subject to procedural and substantive limitations that preserve constitutional supremacy.
Body
1. Procedural Limitations:
- Ordinary Legislative Route with Special Majority: An amendment bill can be introduced in either House of Parliament and must be passed by a special majority (two-thirds present and voting, and majority of total membership).
- State Ratification: Amendments affecting federal provisions (e.g., representation of states, executive–legislative relations) require ratification by at least half of the states.
- No Joint Sitting: If a disagreement arises between the Houses, there is no provision for joint sitting, ensuring deliberative restraint.
2. Substantive Limitations:
- The Supreme Court’s Kesavananda Bharati (1973) judgment introduced the Basic Structure Doctrine, restricting Parliament from altering fundamental features like separation of powers, rule of law, secularism, and judicial review.
- In Minerva Mills (1980), the Court reaffirmed that Parliament cannot convert limited power into unlimited power.
Conclusion
Thus, while the amending power under Article 368 is broad, it operates within procedural safeguards and the substantive boundaries of the Basic Structure, ensuring that constitutional flexibility coexists with its enduring core principles.
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