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Article 368 Part XX

Power of Parliament to amend the Constitution and procedure therefor

Quick Summary (TL;DR)
Regulates Parliament’s constituent power to amend the Constitution by special majority, permanently restricted by the Supreme Court’s Basic Structure Doctrine.
Article 368 empowers Parliament to exercise constituent power to add, vary, or repeal any provision of the Constitution through a rigorous legislative process requiring a two-thirds special majority in each House, and state ratification for federal provisions. However, under the historic Kesavananda Bharati ruling (1973), Parliament’s amending power is NOT unlimited: it cannot alter, destroy, or abridge the 'Basic Structure' of the Constitution—which includes democracy, secularism, the rule of law, judicial review, fundamental rights, and federalism.
Immunity of core citizen liberties and constitutional democracy from parliamentary destruction
Right to judicial review: citizens can challenge any constitutional amendment in the Supreme Court
Rigid federal protection: changes to federal provisions require ratification by at least half the States
Amendments cannot violate the Basic Structure. Any amendment destroying constitutional supremacy, fundamental freedoms, or judicial independence is struck down as void.
Guarantees that no political party, even with a massive parliamentary majority, can turn India into a dictatorship or abolish the rights of the people.
Want deeper legal & historical context? Explore the official Bare Act or Supreme Court Precedents & CAD Debates:
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