Amendment of the Constitution & the Basic Structure Doctrine
How the Constitution is amended under Article 368, the three types of majorities, the process flow, and the evolution of the Basic Structure doctrine through landmark cases.
Key Takeaways
- Article 368 provides for amendment by Parliament; there are three routes — simple majority, special majority, and special majority + state ratification.
- The Basic Structure doctrine was propounded in Kesavananda Bharati (1973): Parliament can amend but not destroy the Constitution's basic structure.
- There is no provision for a joint sitting to pass a Constitutional Amendment Bill.
Core concept
Amendment is the formal process of changing the Constitution. India follows a middle path — neither as rigid as the USA nor as flexible as the UK. Article 368 grants Parliament the power to amend, but the Basic Structure doctrine ensures this power is not used to destroy the Constitution's core identity.
Static foundation — three routes of amendment
Not all amendments use Article 368:
Three Types of Majority
| Route | Majority required | Examples |
|---|---|---|
| Simple majority (outside Art 368) | Majority of members present and voting | Admission/creation of new states, citizenship, creation/abolition of Legislative Councils |
| Special majority (Art 368) | Majority of total membership of each House + 2/3 of members present and voting | Fundamental Rights, DPSPs, most of the Constitution |
| Special majority + state ratification | Special majority + ratification by legislatures of at least half the states | Federal provisions — election of President, distribution of powers, Seventh Schedule, Article 368 itself |
How a Constitutional Amendment Bill is Passed
Introduction
Bill introduced in either House (Lok Sabha or Rajya Sabha) — a private member may also introduce it. No prior permission of the President is needed.
Passage by each House separately
Must be passed in EACH House by a special majority. There is NO provision for a joint sitting to resolve a deadlock.
State ratification (if required)
For federal provisions, ratified by legislatures of at least half the states by a simple majority.
President's assent
The President MUST give assent (mandatory after the 24th Amendment, 1971) — cannot withhold or return it.
Constitution stands amended
The amendment comes into force.
Note: a Money Bill and a Constitutional Amendment Bill can never go to a joint sitting under Article 108.
Evolution of the Basic Structure Doctrine
- 1951
Shankari Prasad case
SC held Parliament can amend Fundamental Rights under Article 368.
- 1967
Golaknath case
SC reversed: Parliament cannot amend Fundamental Rights.
- 1971
24th Amendment
Parliament asserted its power to amend any part, including FRs; made President's assent mandatory.
- 1973
Kesavananda Bharati case
Landmark: Parliament can amend any part BUT cannot alter the 'basic structure' of the Constitution.
- 1980
Minerva Mills case
Judicial review and the FR–DPSP balance held to be part of the basic structure.
- 2007
I. R. Coelho case
Laws placed under the Ninth Schedule after 1973 are open to basic-structure review.
Elements of the Basic Structure (illustrative)
Supremacy of the Constitution · rule of law · separation of powers · judicial review · federalism · secularism · sovereignty · democratic & republican form · free and fair elections · independence of the judiciary · the balance between Fundamental Rights and DPSPs. The list is not exhaustive — courts add to it case by case.
Current affairs linkage
The Basic Structure doctrine periodically resurfaces in debates on Parliament's supremacy (e.g., discussions around the collegium, and the striking down of the NJAC / 99th Amendment in 2015). (Add any recent constitution-bench remarks or amendment controversies here.)
Mains answer skeleton
Intro: Amendment as the mechanism that keeps the Constitution a 'living document'.
Body: (a) The three routes and the balance of rigidity/flexibility; (b) evolution from Shankari Prasad → Golaknath → Kesavananda; (c) doctrine as a check on majoritarianism vs criticism of 'judicial overreach'.
Way forward / Conclusion: Constitutional morality + dialogue between organs, not confrontation.
Prelims trap zones
- A joint sitting cannot be summoned for a Constitutional Amendment Bill (or a Money Bill).
- State ratification is needed only for federal provisions — not for every amendment.
- The basic structure is a doctrine — the phrase is not written in the Constitution.
Prelims Pointers
- A Constitutional Amendment Bill can be introduced in either House; the President must give assent (24th Amendment made it mandatory).
- Special majority = majority of the total membership of a House + two-thirds of members present and voting.
- Federal provisions also require ratification by legislatures of at least half the states.
- The word 'Basic Structure' does not appear anywhere in the Constitution — it is a judicial doctrine.
Mains Angle
- 'The Basic Structure doctrine is judicial innovation that safeguards constitutionalism.' Critically evaluate.
- Examine the tension between parliamentary sovereignty and judicial review in the amendment process.
Practice this topic
Browse all Indian Polity MCQs →Ready for Mains? Write a full answer on this topic and get it graded by our AI examiner.
Write an answerRelated topics
Making of the Constitution: The Constituent Assembly
How India's Constitution was framed — the Constituent Assembly, the Drafting Committee under Dr. Ambedkar, key dates, and the sources of borrowed provisions.
Preamble of the Indian Constitution
The Preamble is the introductory statement of the Constitution — its philosophy, source of authority, and objectives. Understand its keywords, amendability, and landmark cases.
Citizenship (Articles 5–11)
India's single citizenship — the constitutional provisions (Articles 5–11), how citizenship is acquired and lost under the Citizenship Act, 1955, and OCI status.
Fundamental Rights (Articles 12–35)
A complete, interactive lesson on Fundamental Rights — the six categories, article-by-article deep dive, the five writs, landmark cases, and a knowledge check.