Flexibility and Stability in the Constitution
The Constitution of India is a carefully framed document designed to be both flexible and stable. A Constitution must be rigid enough to maintain the fundamental principles on which the nation is built, yet flexible enough to adapt to changing social, political, and economic needs. To achieve this balance, the Constitution contains provisions for amendment under Article 368, allowing changes to be made whenever necessary. However, to prevent misuse of this power, the Supreme Court developed the Basic Structure Doctrine, which ensures that certain core values cannot be altered by any amendment. This essay examines the procedure for amending the Constitution and explains the nature and significance of the Basic Structure Theory.
Constitutional Provision for Amendments (Article 368)
Article 368 of the Constitution specifies the process by which amendments may be proposed and enacted. Amendments can be introduced in either House of Parliament and must follow a structured legislative procedure.
Types of Amendments
The Constitution provides three categories of amendments:
(a) Amendment by Simple Majority
Some provisions can be amended using the ordinary legislative process and require only a simple majority in Parliament. These do not fall under Article 368.
Examples:
- Formation of new states (Article 3)
- Citizenship-related provisions
- Salary and allowances of the President and Governors
(b) Amendment by Special Majority (Article 368)
For most constitutional amendments, a special majority is required:
- A majority of the total membership of the House, and
- A two-thirds majority of members present and voting.
Examples:
- Fundamental Rights (except those affecting basic structure)
- Directive Principles of State Policy
- Election procedures of the President
(c) Amendment by Special Majority + Ratification by States
Certain provisions require, in addition to special majority, ratification by at least half of the State Legislatures because they affect federal features.
Examples:
- Election of President
- Distribution of legislative powers between Union and States
- Powers of Supreme Court and High Courts
Steps in the Amendment Process
- The amendment bill is introduced in either House of Parliament.
- The bill must be passed by the required majority depending on the type of amendment.
- For amendments affecting federal provisions, it must be ratified by at least half of the State Legislatures.
- The bill is then sent to the President for assent.
- The President must give assent; withholding is not allowed.
Thus, amendments follow a democratic process with checks to preserve the balance of power in the federal system.
Evolution of the Basic Structure Doctrine
The power to amend the Constitution under Article 368 was originally considered unrestricted. However, several legal challenges led to the development of the Basic Structure Doctrine, which limits the scope of constitutional amendments.
Key Judicial Decisions
(a) Shankari Prasad (1951)
The Supreme Court held that Parliament had absolute power to amend any part of the Constitution, including Fundamental Rights.
(b) Golaknath v. State of Punjab (1967)
The Court reversed its earlier stand, holding that Fundamental Rights could not be amended.
(c) Kesavananda Bharati v. State of Kerala (1973)
This landmark case settled the conflict. The Supreme Court held:
- Parliament can amend any part of the Constitution under Article 368.
- But it cannot alter the “Basic Structure” of the Constitution.
This judgment introduced a constitutional limitation on Parliament’s amending power.
What Constitutes the Basic Structure?
The Supreme Court has not provided an exhaustive list. Instead, it identifies elements case by case. Some of the commonly recognized features include:
- Supremacy of the Constitution
- Rule of Law
- Sovereign, Democratic, Republic character
- Secularism
- Separation of Powers
- Judicial Review
- Federal Character of the Constitution
- Independence of Judiciary
- Free and Fair Elections
- Fundamental Rights and Dignity of Individuals
These principles are considered foundational pillars of the Indian constitutional system.
Significance of the Basic Structure Doctrine
The Basic Structure Doctrine plays a vital role in protecting the spirit of democracy and constitutionalism in India.
Key Benefits
- Prevents authoritarian amendments.
- Protects fundamental rights from legislative interference.
- Maintains balanced federalism.
- Ensures the independence of the judiciary.
- Safeguards the core identity of the Constitution.
It acts as a limit against absolute Parliamentary supremacy, ensuring constitutional continuity.
Mnemonic to Remember the Answer
“ABS – Amendment, Basic Structure”
- A – Amendment Types (Simple, Special, Special + State Ratification)
- B – Basic Structure (Core constitutional principles that cannot be altered)
- S – Supreme Court Judgments (Shankari Prasad → Golaknath → Kesavananda Bharati)
This mnemonic helps recall the evolution and core idea of the Amendment process and Basic Structure Theory.
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Explore the Flexibility and Stability in the Indian Constitution at Lawgnan.in to understand how Article 368 balances adaptability and permanence. Discover how the Basic Structure Doctrine protects the Constitution’s core values—democracy, secularism, and judicial independence—while allowing reforms to suit changing times. Ideal for law students, UPSC aspirants, and judiciary exam candidates, this article simplifies landmark cases like Kesavananda Bharati and Golaknath. Strengthen your constitutional understanding and learn how India’s Constitution remains dynamic yet unshakable. Visit Lawgnan.in now for expert insights into constitutional amendments and judicial safeguards.
