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.
In Simple Citizen Words
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.
Key Constitutional Provisions
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
Exceptions & Reasonable Restrictions
Amendments cannot violate the Basic Structure. Any amendment destroying constitutional supremacy, fundamental freedoms, or judicial independence is struck down as void.
Why This Matters in Daily Life
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:
Landmark Supreme Court Precedents & Case Law
Kesavananda Bharati v. State of Kerala (1973) - 13-Judge Bench established the Basic Structure Doctrine; Minerva Mills (1980); NJAC Case (2015).
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Dr. B. R. Ambedkar
Architect of Constitutional Flexibility • September 17, 1949
🏛️ Constituent Assembly Debates (1946–1949)
Core Constitutional Debate & Dilemma
Should the Constitution be rigid like America or flexible like Britain? Striking the exact balance so the Constitution can grow with future generations without being destroyed.
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"We have not laid down any such conditions as to make the amendment of the Constitution impossible... Time and circumstances will change, and the Constitution must adapt. Those who are dissatisfied with any provision will find that it is not impossible to change it."
Assembly Resolution & Final Synthesis
Enacted Article 368 providing an adaptable amending procedure. The Supreme Court in Kesavananda Bharati (1973) subsequently held that while Parliament can amend any article, it cannot alter the "Basic Structure" of the Constitution.
🏛️ Constitutional Significance:
Ensures the Constitution is a living, evolving document capable of enduring across centuries.
Official Constitutional Text (Gazette Bare Act)
Authoritative statutory text as enacted and amended by Parliament • Clause-by-Clause Statutory Breakdown
India Code • Govt. of India Archive
Clause (1)
Notwithstanding anything in this Constitution, Parliament may in exercise of its constituent power amend by way of addition, variation or repeal any provision of this Constitution in accordance with the procedure laid down in this article.
Clause (2)
An amendment of this Constitution may be initiated only by the introduction of a Bill for the purpose in either House of Parliament, and when the Bill is passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting, it shall be presented to the President who shall give his assent to the Bill and thereupon] the Constitution shall stand amended in accordance with the terms of the Bill:
Provided that if such amendment seeks to make any change in —
Sub-clause (a)
article 54, article 55, article 73, article 162 or article 241, or
Sub-clause (b)
Chapter IV of Part V, Chapter V of Part VI, or Chapter I of Part XI, or
Sub-clause (c)
any of the Lists in the Seventh Schedule, or
Sub-clause (d)
the representation of States in Parliament, or
Sub-clause (e)
the provisions of this article,
the amendment shall also require to be ratified by the Legislatures of not less than one-half of the States by resolutions to that effect passed by those Legislatures before the Bill making provision for such amendment is presented to the President for assent.
Clause (3)
Nothing in article 13 shall apply to any amendment made under this article.
Clause (4)
No amendment of this Constitution (including the provisions of Part III) made or purporting to have been made under this article [whether before or after the commencement of section 55 of the Constitution (Fortysecond Amendment) Act, 1976] shall be called in question in any court on any ground.
Clause (5)
For the removal of doubts, it is hereby declared that there shall be no limitation whatever on the constituent power of Parliament to amend by way of addition, variation or repeal the provisions of this Constitution under this article.
Public Domain & Statutory Authenticity Notice
Under Section 52(1)(q) of the Indian Copyright Act, 1957, the Constitution of India, Bare Acts of Parliament, Gazette Notifications, and Judicial Judgments of the Supreme Court and High Courts are in the Public Domain. Text is reproduced from the official Legislative Department, Ministry of Law & Justice, Government of India (India Code) archives.
Then vs Now: Constitutional Evolution & Visual Diff
Power of Parliament to Amend the Constitution and Procedure Therefor
🟡 Textually Amended Since 1950
Baseline: Jan 26, 1950 → Today
ORIGINAL BASELINE (1950)
Original heading in 1950 was simply "Procedure for amendment of the Constitution". Did not explicitly state whether Parliament could alter Fundamental Rights or destroy the Basic Structure.
CURRENT ENFORCEABLE STATUS (TODAY)
Governed by the historic Kesavananda Bharati (1973) Basic Structure Doctrine: Parliament has constituent amending power, but CANNOT alter or destroy the Basic Structure (Democracy, Secularism, Judicial Review, Rule of Law, Federalism).
Key Amendment Milestones & Textual Modifications
24th Constitutional Amendment Act, 1971
Year 1971
Why it happened: Enacted to overcome the Golaknath (1967) judgment by affirming Parliament’s constituent power to amend any part of the Constitution.
Inserted: Clause (1) (Constituent power to amend by way of addition, variation or repeal).
Kesavananda Bharati (1973) & Minerva Mills (1980)
Year 1973
Why it happened: Supreme Court’s largest 13-judge bench established the Basic Structure Doctrine, and subsequently struck down Clauses (4) and (5) of the 42nd Amendment in Minerva Mills (1980).
Struck Down: Clauses (4) & (5) seeking unlimited amending power without judicial review → Affirmed: Inviolable Basic Structure Doctrine.
70th Constitutional Amendment Act, 1992 — Included Delhi & Puducherry MLAs in Presidential Elections
Year 1992
Why it happened: Amended Article 54 so elected MLAs of Delhi and Puducherry participate in the Electoral College that elects the President of India.
Amended (54, 368): Included Delhi & Puducherry MLAs in Presidential Elections
