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.(15 marks) 250 words

Introduction

The amending power of Parliament is provided under Article 368 of the Constitution of India, enabling the Constitution to evolve with changing socio-political needs. Unlike rigid constitutions, India adopts a system of flexible yet controlled amendment, allowing ordinary legislative institutions to amend the Constitution subject to certain procedural and substantive limitations.

Body

Procedural Limitations on the Amending Power

• Special Majority: Most constitutional amendments require a majority of the total membership of each House and a two-thirds majority of members present and voting.

• State Ratification: Amendments affecting federal provisions—such as Articles 54, 73, 162, 241 and matters in the Seventh Schedule—require ratification by at least half of the State Legislatures.

• Presidential Assent: After passage in Parliament, the amendment bill must receive the President’s assent to become law.

• No Joint Sitting: In case of disagreement between the Houses, a joint sitting is not permitted for constitutional amendment bills.

Substantive Limitations on the Amending Power

• Basic Structure Doctrine: Established in Kesavananda Bharati v. State of Kerala (1973), which held that Parliament cannot alter the basic structure of the Constitution.

• Core features such as supremacy of the Constitution, rule of law, separation of powers, federalism, secularism, and judicial review cannot be destroyed.

• Subsequent judgments like Minerva Mills v. Union of India (1980) reaffirmed that limited amending power itself is part of the basic structure.

Conclusion

Thus, while the Constitution empowers Parliament to amend it through democratic procedures, the combination of procedural safeguards and the Basic Structure Doctrine ensures that amendments preserve the fundamental identity and values of the Constitution.