Explain the Amendment of Indian Constitution and the Basic Structure Theory.

Constitutional Framework and Purpose

The Indian Constitution, adopted in 1950, is one of the most comprehensive and dynamic constitutions in the world. To meet the evolving needs of society, the framers included a mechanism for change — the power of constitutional amendment. This ensures that while the Constitution remains a stable document, it is flexible enough to adapt to social, political, and economic transformations.

The power to amend the Constitution is provided under Article 368, which enables Parliament to make changes to the constitutional text while maintaining the spirit of democracy and the rule of law. The amendment process signifies a balance between rigidity and flexibility, essential for a country as diverse as India.

However, the power to amend is not absolute. Over time, the judiciary has laid down the doctrine of Basic Structure, ensuring that certain core features of the Constitution remain untouched, regardless of political majorities or policy changes. This doctrine forms the foundation of constitutional supremacy and acts as a safeguard against authoritarian misuse of power.

Power and Procedure to Amend the Constitution (Article 368)

Article 368 of the Indian Constitution explicitly grants the Parliament the power to amend by addition, variation, or repeal of any constitutional provision. It provides two major types of amendment procedures — simple majority and special majority.

1. Amendment by Simple Majority:
   Certain provisions can be amended like ordinary legislation. Examples include changes to the number of seats in Parliament, formation of new states (Article 3), or adjustments to the Second Schedule.
2. Amendment by Special Majority (Article 368(2)):
   Most constitutional provisions require a special majority, i.e., a two-thirds majority of members present and voting, along with more than 50% of total membership of each House.
3. Amendment by Special Majority and Ratification by States:
   When an amendment affects the federal structure, it must also be ratified by at least half of the State Legislatures. Examples include changes to Article 54 (election of the President), powers of the Supreme Court and High Courts, or the distribution of legislative powers.

The framers designed this system to prevent hasty or politically motivated amendments, while ensuring the Constitution remains a living document capable of growth.

Judicial Evolution of the Basic Structure Doctrine

While Parliament has vast powers to amend the Constitution, the judiciary has played a crucial role in defining its limits. The Basic Structure Doctrine emerged through a series of landmark judgments that shaped the understanding of constitutional supremacy.

1. Shankari Prasad v. Union of India (1951)
   The Supreme Court initially upheld Parliament’s unlimited power to amend any part of the Constitution, including Fundamental Rights.
2. Golak Nath v. State of Punjab (1967)
   In this case, the Court reversed its earlier stance, holding that Parliament could not amend Fundamental Rights under Part III. The judgment emphasized the supremacy of individual liberty over parliamentary authority.
3. Kesavananda Bharati v. State of Kerala (1973)
   This historic case established the Basic Structure Doctrine, holding that while Parliament has wide powers to amend the Constitution under Article 368, it cannot alter its basic structure.
   • Chief Justice Sikri identified several elements forming the basic structure, such as:
     • Supremacy of the Constitution
     • Rule of law
     • Separation of powers
     • Judicial review
     • Federalism
     • Secularism
     • Parliamentary democracy
4. Indira Nehru Gandhi v. Raj Narain (1975)
   The Court reaffirmed the doctrine, striking down a constitutional amendment that sought to bar judicial review of election disputes, stating that judicial review is part of the basic structure.
5. Minerva Mills v. Union of India (1980)
   The Court held that a balance between Fundamental Rights and Directive Principles of State Policy is part of the basic structure. It reaffirmed that limited amending power itself is a basic feature.
6. I.R. Coelho v. State of Tamil Nadu (2007)
   The Court ruled that even laws placed under the Ninth Schedule after April 24, 1973, are open to judicial review if they violate the basic structure.

Thus, the Basic Structure Doctrine ensures that while Parliament can amend the Constitution to meet new challenges, it cannot destroy its essential character.

Key Components of the Basic Structure

While the Supreme Court has never provided an exhaustive list of the components of the Basic Structure, judicial precedents have identified several principles as integral to it:

• Supremacy of the Constitution
• Republican and democratic form of government
• Secularism and federalism
• Separation of powers
• Judicial review
• Rule of law
• Free and fair elections
• Balance between Fundamental Rights and Directive Principles
• Unity and integrity of India

These principles ensure that the Constitution retains its identity and that no authority can override its foundational ethos.

Significance of the Doctrine in Indian Democracy

The Basic Structure Doctrine acts as a constitutional safeguard against arbitrary amendments. It ensures that Parliament cannot convert India from a democracy into an authoritarian regime or alter the fundamental essence of its governance system.

This doctrine also strengthens the principle of constitutional supremacy over parliamentary supremacy, ensuring that the Constitution remains the supreme law of the land. Moreover, it upholds judicial independence by empowering the courts to review constitutional amendments.

The doctrine has also contributed to the evolution of constitutional morality, compelling lawmakers to respect constitutional boundaries while framing laws and policies.

Criticisms and Contemporary Relevance

Critics argue that the Basic Structure Doctrine is judicial overreach, as it gives unelected judges the power to invalidate constitutional amendments passed by elected representatives. However, supporters emphasize that this judicial check is essential to prevent abuse of power and preserve democracy.

In recent years, debates around judicial appointments, electoral reforms, and federalism have revived discussions about the scope of Parliament’s amending power. Yet, the Basic Structure Doctrine continues to serve as a guardian of constitutional values, ensuring India’s democracy remains strong, balanced, and just.

Mnemonic to Remember – “CARDS”

To easily remember the essentials of the Amendment and Basic Structure Doctrine, use the mnemonic CARDS:

C – Constitution under Article 368 can be amended by Parliament
A – Amendment process: Simple, Special, and with State ratification
R – Rule laid in Kesavananda Bharati case (1973) establishes limits
D – Doctrine of Basic Structure: protects essential constitutional features
S – Safeguard against misuse of amending power and ensures stability

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