"It was claimed in the Constituent Assembly that the Constitution of India has in fact, laid down a very 'facile' procedure for the amendment of the Constitution." Do you think the Doctrine of Basic Structure significantly limits the amending power under Article 368? Elucidate.
Dr. B.R. Ambedkar, during the Constituent Assembly debates, described the Indian Constitution’s amendment process as relatively “facile,” highlighting its flexibility compared to rigid federal constitutions like that of the United States. Article 368 establishes three modes of amendment: by simple majority for routine changes, by special majority (absolute majority of total membership and two-thirds of those present and voting) in both Houses for substantial provisions, and by special majority plus ratification by half of the states for federal features. This graded system was designed to balance stability with adaptability, enabling the Constitution to respond to evolving social and political needs.
However, the introduction of the Basic Structure Doctrine in Kesavananda Bharati v. State of Kerala (1973) transformed the scope of this flexibility. The Supreme Court held that Parliament’s amending power, though wide, cannot alter or destroy the “basic structure” of the Constitution. While the doctrine does not present a closed list, essential features include constitutional supremacy, republican and democratic governance, secularism, federal character, independence of the judiciary, and judicial review.
This doctrine functions as a substantive limitation, ensuring that amendments do not erode the identity of the Constitution. It played a decisive role during and after the Emergency, when attempts like the 39th Amendment, which excluded the President’s election from judicial scrutiny, were struck down as unconstitutional. Thus, while the procedural mechanism under Article 368 may seem relatively easy compared to other systems, the substantive safeguard of the Basic Structure Doctrine ensures that the amending power remains controlled, preserving the Constitution’s foundational values.
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Sakshi Negi
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