Introduction

The Indian Constitution under Article 368 empowers Parliament to amend provisions, ensuring flexibility unlike rigid constitutions. However, this power is not absolute, as it is subject to procedural requirements and substantive judicial limitations to protect the Constitution’s identity.

Body

Amending power conferred by Constitution on legislative Institution

• Article 368(1): Parliament has the power to amend the Constitution by addition, variation, or repeal of provisions (Constitution of India).
• Three Types of Amendments: 
  • Simple majority (Money Bill),
  • Special majority (Article 368),
  • Special majority  and ratification by half of state legislatures (for federal provisions).
• Wide Scope: Parliament can amend most parts of the Constitution, including Fundamental Rights without hampering the basic structure of the Constitution (as upheld in Kesavananda Bharati v. State of Kerala, 1973).

Procedural limitations on the amending power of the Parliament

• Special Majority (Art. 368(2)):  Requires majority of total membership and two-thirds present and voting, unlike ordinary legislation.
• State Ratification (Art. 368(2)): Amendments affecting federal provisions (e.g.,7th schedule, Representation of States) need consent of half the States(Simple Majority).
• No Joint Sitting (Art. 368): Unlike ordinary bills (Art. 108), constitutional amendments cannot be decided through a joint session.
• Initiation Restriction: Amendment bills can only be introduced in Parliament, not in state legislatures.
• Mandatory Presidential Assent (Art. 368(2)): Once passed, the President is bound to give assent, leaving no discretion.

Substantive limitations on the amending power of the Parliament

• Basic Structure Doctrine (Kesavananda Bharati, 1973): Parliament cannot alter the Constitution’s fundamental identity.
• Core Principles Beyond Amendment: Features like democracy, secularism, federalism, and judicial review remain inviolable.
• Judicial Review and safeguards (Arts. 13, 32, 136, 142): Courts review amendments to ensure they don’t violate basic structure.
• Doctrine of Limited Amending Power (Minerva Mills, 1980): Parliament’s authority is to amend, not to destroy or abrogate the Constitution.

Conclusion

Thus, the Indian Constitution adopts a middle path, neither rigid like the US nor flexible like the UK. While Parliament wields significant amending power, procedural hurdles and the basic structure doctrine ensure that the power is broad but not absolute, safeguarding the Constitution’s spirit.

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