UPSC Mains 2025 · GS II · Q12 · 15 marks · 250 words

Indian Constitution has conferred the amending power on the ordinary legislative institutions with a few procedural hurdles. In view of this statement, examine the procedural and substantive limitations on the amending power of the Parliament to change the Constitution.

हिन्दी में

भारतीय संविधान ने कुछ प्रक्रियात्मक अवरोधों के साथ सामान्य विधायी संस्थाओं को संविधान संशोधन की शक्ति प्रदान की है। इस कथन को दृष्टिगत कर संसद के संविधान संशोधन की शक्ति पर प्रक्रियात्मक एवं सारभूत परिसीमाओं का परीक्षण कीजिए।

Constitution and Basic StructureParliament

How a topper answered the closest question

Toppers wrote this one in a test series: “What is the process for amending the Constitution of India? Discuss the significance of the Kesavananda Bharati case in relation to the power of Parliament to amend the Constitution.”

Alfred ThomasCSE 2024 · 137 wordsTheir whole copy

Opening · a constitutional or legal provision

Art 368 confers constituent powers on Parliament which includes power to amend the constitution.

Process of amending Constitution:

Body · points and prose

Diagram
- Bill introduced in either house of Parliament -> Both houses have to pass with special Majority of 2/3rds present & Voting + half of total membership separately - Whether federal features changed - Yes -> Ratification by atleast half of all state legislatures -> if ratified -> President has to gives assent -> Constitution Amended - No -> President has to gives assent -> Constitution Amended
  • No provision for joint sitting

Significance of Kesavananda Bharati Case : (KB case)

→ Supreme court propounded 'Basic Structure Doctrine' in this case which states that Parliament's amending powers cannot change certain fundamental features of the constitution.

→ These features include Supremacy of constitution (KB case), federalism and secularism (SR Bommai case), Free and Fair Elections (Ray Narain case) etc.

⇒ Positives

  • Parliament's power isn't absolute
  • Majoritarianism can be countered
  • checks and Balances ensured

⇒ Negatives

  • Doctrine is vaguely defined
  • can lead to tyranny of the unelected

Close · a way forward

Despite its criticisms, the importance of the Basic Structure Doctrine can be seen by how even Bangladesh adopted it in 1989. Hence it must be cherished.

How toppers approach this question, and more on its topic: open the question.

Toppers’ answers to other close questions

Source: UPSC, Civil Services (Main) Examination 2025, General Studies Paper II, Q12. The paper on upsc.gov.in. Themes and links to toppers’ answers are by UPSC Grade, not by UPSC.