The Constitution gives Parliament the power to amend the Constitution.
This power is primarily provided under:
Article 368
However, Parliament's amending power is:
Not Unlimited
The most important limitation is the:
Basic Structure Doctrine
The Supreme Court developed this doctrine to ensure that Parliament can amend the Constitution but cannot destroy its fundamental identity.
Amend the Constitution → Yes
Destroy the Basic Structure → No
Article 368 provides Parliament with the power and procedure to amend the Constitution.
Parliament can amend constitutional provisions through the procedures prescribed by the Constitution.
Depending on the provision, an amendment may require:
However, even when the required parliamentary procedure is followed:
The amendment remains subject to judicial review.
The Constitution is the supreme law of India.
If Parliament had unlimited power to amend it, Parliament could theoretically alter or destroy the fundamental principles on which the constitutional system is based.
The Supreme Court therefore developed a constitutional limitation:
Basic Structure Doctrine
This ensures:
Constitutional Change ≠ Constitutional Destruction
The Supreme Court considered whether Parliament could amend Fundamental Rights.
The Court upheld Parliament's power to amend the Constitution.
It held that a Constitutional Amendment Act was not a "law" within the meaning of Article 13.
The Court initially accepted:
Broad Parliamentary Amending Power
Shankari Prasad → Amendment Power Upheld
The Supreme Court again upheld Parliament's power to amend Fundamental Rights.
The Court continued to accept the broad interpretation of Parliament's amending power.
Sajjan Singh → Broad Amendment Power
The Supreme Court changed its earlier position.
The Court held that:
Parliament could not amend Fundamental Rights
The judgment treated Constitutional Amendments as "law" for the purposes of Article 13.
The decision placed a major limitation on Parliament's amending power.
Golaknath → Fundamental Rights Cannot Be Amended
However, this position did not remain the final constitutional position.
The Parliament responded to the Golaknath judgment through the:
24th Constitutional Amendment Act, 1971
Important changes included:
The amendment attempted to establish:
Parliamentary Amending Power
as a constitutional power.
However, Parliament's power was subsequently subjected to a new limitation by the Supreme Court.
This is the most important case relating to limitations on the amending power.
A 13-judge Constitution Bench of the Supreme Court delivered the judgment.
The Court held that:
Parliament has wide power to amend the Constitution.
But:
Parliament cannot alter or destroy the Basic Structure of the Constitution.
This became known as the:
Basic Structure Doctrine
Amend → Permitted
Destroy Basic Structure → Prohibited
Kesavananda Bharati → Basic Structure
The Basic Structure Doctrine means that certain fundamental features of the Constitution cannot be destroyed even through a Constitutional Amendment.
Parliament can:
Change
Modify
Adapt
the Constitution.
But Parliament cannot:
Destroy
its basic constitutional identity.
The Supreme Court has recognised several features as part of the Basic Structure.
Important examples include:
The list is:
Not Exhaustive
The Supreme Court determines whether a particular feature forms part of the Basic Structure.
The phrase:
"Basic Structure"
is not expressly defined in the Constitution.
It is a doctrine developed by:
The Supreme Court
through judicial interpretation.
Basic Structure → Judicial Doctrine
not an expressly defined constitutional term.
After Kesavananda Bharati, the correct position is:
Fundamental Rights can be amended.
However:
Their basic constitutional identity cannot be destroyed.
Therefore, the statement:
"Fundamental Rights cannot be amended."
is incorrect.
Fundamental Rights → Amendable
Basic Structure → Protected
The Supreme Court has held that the:
Preamble is a part of the Constitution
and can be amended.
However, an amendment to the Preamble cannot destroy the Basic Structure.
The:
42nd Constitutional Amendment Act, 1976
added the words:
to the Preamble.
Preamble → Part of Constitution → Amendable → Basic Structure limitation
The Supreme Court reaffirmed the Basic Structure Doctrine.
The Court struck down parts of the:
42nd Constitutional Amendment
that attempted to give Parliament virtually unlimited amending power.
The Court emphasised:
Limited Amending Power
as itself being part of the Basic Structure.
Parliament cannot use its amending power to:
Destroy the limitations on its own amending power.
Minerva Mills → Limited Amending Power
This is a very important UPSC concept.
The power to amend the Constitution is itself:
Limited
The limitation cannot be removed through an amendment.
Therefore:
Parliament cannot make its own amending power unlimited.
Amending Power → Limited
Limitation on Amending Power → Basic Structure
The Supreme Court reaffirmed the Basic Structure Doctrine.
The Court also dealt with the application of the doctrine to laws placed in the:
Ninth Schedule
The Court drew an important temporal distinction concerning laws placed in the Ninth Schedule.
Waman Rao → Basic Structure + Ninth Schedule
The Supreme Court further developed the Basic Structure Doctrine in relation to the:
Ninth Schedule
The Court held that laws placed in the Ninth Schedule after:
24 April 1973
can be examined by the courts if they damage or violate Basic Structure principles.
24 April 1973
This is the date of the Kesavananda Bharati judgment.
I.R. Coelho → Ninth Schedule + Basic Structure
Judicial review is an important component of the Basic Structure.
The Supreme Court can examine whether a Constitutional Amendment violates the:
Basic Structure
Therefore:
Parliamentary Amendment Power → Subject to Judicial Review
Parliament is not the final authority on whether an amendment violates the Basic Structure.
The:
Judiciary
can review it.
The Basic Structure Doctrine protects the principle of:
Separation of Powers
This means constitutional powers are distributed among:
Parliament cannot use a Constitutional Amendment to completely destroy the constitutional role of the judiciary.
Federalism is recognised as a basic feature of the Constitution.
Therefore, Parliament cannot amend the Constitution in a manner that destroys the fundamental federal character of the constitutional system.
Federalism → Basic Structure
Secularism has been recognised by the Supreme Court as part of the Basic Structure.
Therefore, Parliament cannot use its amending power to destroy the secular character of the Constitution.
Secularism → Basic Structure
The democratic and republican character of the Indian Constitution is part of the Basic Structure.
Therefore, an amendment cannot validly transform India into a system that destroys these foundational characteristics.
Democracy + Republic → Basic Structure
The:
Rule of Law
is an important constitutional principle and part of the Basic Structure.
No authority, including Parliament, is above the Constitution.
Rule of Law → Basic Structure
The:
Independence of Judiciary
is recognised as part of the Basic Structure.
Therefore, Parliament cannot completely eliminate judicial independence through constitutional amendment.
The Supreme Court has recognised:
Free and Fair Elections
as an important feature of the Basic Structure.
This protects the democratic character of the constitutional system.
The Supreme Court has emphasised the importance of:
Balance and Harmony between Fundamental Rights and Directive Principles
The Constitution should not be interpreted as requiring one part to completely destroy another.
FR + DPSP → Constitutional Harmony
Not every provision of the Constitution is automatically part of the Basic Structure.
The Supreme Court examines:
The nature and significance of the constitutional feature
to determine whether it forms part of the Basic Structure.
Therefore:
Every Article ≠ Basic Structure
Basic Structure protects:
Fundamental constitutional principles
rather than every individual constitutional provision.
Yes.
Article 368 itself can be amended.
However:
The amendment cannot destroy the Basic Structure or remove the basic limitation on Parliament's amending power.
An amendment to Article 368 that attempts to make Parliament's power unlimited would violate the Basic Structure.
Article 368 → Amendable
Unlimited Amending Power → Not Permitted
The safest UPSC formulation is:
Basic Structure cannot be destroyed or altered in a manner that damages its essential identity.
Parliament can make constitutional changes that affect individual provisions or features.
But it cannot:
Destroy the essential Basic Structure.
The:
42nd Constitutional Amendment Act, 1976
attempted to significantly expand Parliament's amending power.
Certain provisions attempted to restrict judicial review of Constitutional Amendments.
The Supreme Court later invalidated important parts of these changes in:
Minerva Mills v. Union of India, 1980
This confirmed that:
Judicial Review + Limited Amending Power
are themselves protected by the Basic Structure Doctrine.
| Year | Case / Amendment | Key Principle |
|---|---|---|
| 1951 | Shankari Prasad | Amendment power upheld |
| 1965 | Sajjan Singh | Amendment power upheld |
| 1967 | Golaknath | Fundamental Rights held unamendable |
| 1971 | 24th Amendment | Parliamentary amending power affirmed |
| 1973 | Kesavananda Bharati | Basic Structure Doctrine |
| 1976 | 42nd Amendment | Major expansion of Parliament's power |
| 1980 | Minerva Mills | Limited amending power reaffirmed |
| 1981 | Waman Rao | Basic Structure + Ninth Schedule |
| 2007 | I.R. Coelho | Ninth Schedule subject to Basic Structure review |
Parliament has unlimited power to amend the Constitution.
False
Parliament is limited by:
Basic Structure Doctrine
The Basic Structure Doctrine is expressly defined in Article 368.
False
It is a:
Judicially evolved doctrine
Fundamental Rights cannot be amended.
False
They can be amended, subject to:
Basic Structure limitation
The Preamble cannot be amended.
False
The Preamble can be amended, provided the amendment does not violate the Basic Structure.
Parliament can remove judicial review through a Constitutional Amendment.
False
Judicial review is part of the:
Basic Structure
Parliament can make its amending power unlimited by amending Article 368.
False
Limited amending power itself forms part of the:
Basic Structure
Every constitutional provision is part of the Basic Structure.
False
Only fundamental constitutional features recognised by the Supreme Court are protected as Basic Structure.
Basic Structure means the Constitution can never be changed.
False
The Constitution can be extensively amended.
The limitation is:
Basic Structure cannot be destroyed.
The Basic Structure Doctrine was established in Golaknath.
False
It was established in:
Kesavananda Bharati, 1973
The Basic Structure Doctrine applies only to Fundamental Rights.
False
It can apply to amendments affecting any constitutional feature that forms part of the Basic Structure.
| Case | Year | Key Principle |
|---|---|---|
| Shankari Prasad | 1951 | Amendment power upheld |
| Sajjan Singh | 1965 | Amendment power upheld |
| Golaknath | 1967 | Fundamental Rights held unamendable |
| Kesavananda Bharati | 1973 | Basic Structure Doctrine |
| Minerva Mills | 1980 | Limited amending power |
| Waman Rao | 1981 | Basic Structure + Ninth Schedule |
| I.R. Coelho | 2007 | Ninth Schedule subject to Basic Structure review |
Shankari Prasad → Power Upheld
Sajjan Singh → Power Upheld
Golaknath → FR Protected from Amendment
Kesavananda → Basic Structure
Minerva Mills → Limited Amending Power
Waman Rao → Ninth Schedule
I.R. Coelho → Ninth Schedule + Basic Structure
Article 368
→ Power and procedure of constitutional amendment
Parliament
→ Has wide amending power
Limitation
→ Basic Structure
Basic Structure
→ Judicially evolved
Judicial Review
→ Protected
Federalism
→ Protected
Secularism
→ Protected
Democracy
→ Protected
Rule of Law
→ Protected
Limited Amending Power
→ Protected
Fundamental Rights
→ Amendable, but Basic Structure cannot be destroyed
Preamble
→ Amendable, subject to Basic Structure
The limitation on Parliament's amending power reflects the principle of:
Constitutional Supremacy
Parliament derives its authority from the Constitution and therefore cannot use the amendment power to destroy the Constitution's fundamental identity.
The Basic Structure Doctrine creates a balance between:
Constitutional Adaptability
and:
Constitutional Continuity
Parliament can respond to changing social, economic and political conditions through constitutional amendments.
At the same time, the Supreme Court ensures that amendments do not destroy foundational principles such as:
Democracy + Rule of Law + Judicial Review + Federalism + Secularism + Separation of Powers
Thus, the Indian constitutional system follows the principle:
Constitution can change
but:
Constitutional identity cannot be destroyed.
