Amendment of the Constitution & Basic Structure
📊 High-Yield Data & Statistical Fact Sheet
- Constitutional Ambit: Vested in Part XX (Article 368), outlining the "constitutive power" of Parliament to amend the Constitution by addition, variation, or repeal of any provision.
- RIGIDITY vs FLEXIBILITY Balance: The Indian Constitution balances absolute rigidity (US model) with absolute flexibility (UK model), as shown by its 100+ amendments. Amending frequency peaked in the 1970s (21 amendments) due to executive-judiciary clashes.
- Amending Mechanics (Article 368):
- No Joint Sitting: If a deadlock occurs between the Lok Sabha and Rajya Sabha over a Constitutional Amendment Bill, the bill falls automatically; there is no provision for a joint sitting (unlike ordinary bills under Article 108).
- No Pocket/Suspensive Presidential Veto: Under the 24th CAA, 1971, the President must give assent to a Constitutional Amendment Bill. The President cannot withhold assent or return the bill to Parliament.
- No State Launch: Amending bills can only be introduced in either House of Parliament, not in any State Legislature.
- Federal Clauses Ratification: Amendments that touch on federal structures (e.g., Article 368 itself, Presidential elections, SC/HC boundaries, 7th Schedule Lists) require additional ratification by the legislatures of at least half of the states by a Simple Majority.
- The Kesavananda Bharati (1973) Benchmark: A 13-judge bench established the Basic Structure Doctrine by a 7–6 majority, ruling that Parliament's amending power is limited and cannot destroy the core framework or identity of the Constitution. Judgment delivered on 24 April 1973 — the cut-off date fixed by Waman Rao (1981) and I.R. Coelho (2007).
- Borrowed Procedure: The amendment procedure is borrowed from the South African Constitution; the very idea of a written amending article follows the US model but India's graded three-tier scheme is indigenous.
- Only Amendment Struck Down Wholesale: The 99th CAA, 2014 (NJAC) — invalidated in 2015 despite having been ratified by the required number of state legislatures.
- Latest Amendment: The 106th Amendment Act, 2023 (Nari Shakti Vandan Adhiniyam) reserving one-third of seats for women in the Lok Sabha, State Assemblies and the Delhi Assembly.
- Ordinance Bar: An ordinance under Article 123 or 213 cannot amend the Constitution — constituent power cannot be exercised by the executive.
Number of Constitutional Amendments by Decade
Loading chart...
1. THREE-TIER AMENDMENT PROCEDURES
THREE-TIER AMENDMENT PROCEDURES
THREE-TIER AMENDMENT PROCEDURES
| Cue Words | Notes |
|---|---|
| Analyze key facts and concepts related to THREE-TIER AMENDMENT PROCEDURES. |
|