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.
The Indian Constitution strikes a fine balance between rigidity and flexibility, granting amending powers to the Parliament, our ordinary legislature, albeit with certain constraints. These limitations are both procedural, as laid out in Article 368, and substantive, as evolved by the judiciary.
Procedural Limitations:
The process of amendment is more stringent than that of ordinary law-making. The hurdles include:
- Special Majority: An amendment bill must be passed by each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members present and voting.
- Ratification by States: For amendments affecting the federal character—such as the election of the President, powers of the Supreme Court, or distribution of legislative powers—the bill must be ratified by the legislatures of at least half of the states.
Substantive Limitations:
Beyond procedure, the Supreme Court has imposed a crucial substantive limit. In the landmark Kesavananda Bharati case (1973), the court introduced the 'Basic Structure Doctrine'. This doctrine holds that while Parliament has the power to amend any part of the Constitution, it cannot alter its "basic structure" or fundamental framework.
Features like parliamentary democracy, fundamental rights, judicial review, secularism, and federalism are held to be part of this basic structure. Any amendment that damages or destroys this core identity of the Constitution can be struck down by the judiciary as unconstitutional.
Therefore, while Parliament can amend the Constitution, it cannot rewrite it. The procedural safeguards and the substantive check of the Basic Structure Doctrine ensure its fundamental soul remains intact.
Answered By:
Sakshi Negi
Sakshi Negi is a Delhi-based journalist and content specialist with expertise in educational content and digital media, focusing particularly on government exam preparation and career guidance. With a degree in Journalism and Mass Communication from NRAI School of Mass Communication and her background as a Kendriya Vidyalaya alumna, she brings unique insights into the Indian education system and government sector opportunities.
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