Minimalist IAS
2025 GS Paper II

UPSC CSE (Main) 2025 · GS Paper II · Question 12

Indian Constitution has conferred the amending power on the ordinary legislative institutions with a few…

Syllabus line: Constitution: evolution, features & basic structure — “Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions and basic structure.”

GS Paper II 2025 · Q12

15 marks · 250 words Constitution: evolution, features & basic structure

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.

Approach · directive: “examine”

What it asks · Explain the procedure under Article 368 that makes Parliament the amending body, then the substantive limits imposed by the basic structure doctrine, and assess the statement.

The question has 3 parts — answer each

  1. Examine: the procedure under Article 368 that vests the amending power in Parliament, with its 'few procedural hurdles'
  2. Examine: the substantive limits — the basic structure doctrine and its application
  3. Assess: whether the statement holds — flexible in procedure, bounded in substance

Open with · Unlike the US, where amendments need a supermajority of states, India lets Parliament itself amend most of the Constitution — flexible in procedure, but bounded in substance.

Cover

  • Procedure: a Bill introduced only in Parliament (either House); special majority in each House separately; no joint sitting to break deadlock.
  • Federal provisions (e.g., representation of States, Seventh Schedule, Supreme Court and High Courts) also need ratification by half the State legislatures.
  • President must assent (made mandatory by the 24th Amendment); some changes (Articles 2–4, Fifth and Sixth Schedules) need only a simple majority.
  • Substantive limit: Kesavananda Bharati (1973) — Parliament may amend any part but cannot destroy the basic structure.
  • Applications: Indira Gandhi v. Raj Narain (1975); Minerva Mills (1980) held limited amending power itself part of the basic structure; NJAC (2015).
  • I. R. Coelho (2007): laws placed in the Ninth Schedule after 24 April 1973 remain open to basic-structure review.
  • Assessment: procedurally easy (over a hundred amendments), substantively guarded — criticised as judicial overreach, defended as a check on majoritarianism.

Close with · India's amending power is procedurally easy but substantively bounded — flexibility for change, the basic structure for continuity.

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Question: UPSC's CS (Main) 2025, GS Paper II — paper ↗. Approach: Minimalist IAS, checked 30 Sept 2026 (how we verify) — UPSC publishes no model answers. ·

Model answer · 338 words (UPSC limit 250) · Minimalist IAS

Unlike the United States, where amendments need ratification by three-fourths of the States, India lets Parliament itself amend most of the Constitution under Article 368. The procedure is flexible; the substance is bounded by judicial review.

Procedural limits

  • Initiation only in Parliament: a Bill may be introduced in either House, by a Minister or a private member, without the President's prior recommendation; State legislatures cannot initiate.
  • Special majority: a majority of the total membership and two-thirds of members present and voting in each House separately; no joint sitting can resolve a deadlock.
  • Ratification: changes to federal provisions — election of the President, the Union and State executive and judiciary, legislative relations, the Seventh Schedule, representation of States in Parliament, and Article 368 itself — need ratification by at least half the State legislatures.
  • Assent: the President must assent (24th Amendment, 1971); some changes, such as creating new States (Articles 2–4) or altering the Fifth and Sixth Schedules, need only a simple majority and are not deemed amendments.

Substantive limits

  • Kesavananda Bharati (1973): Parliament may amend any provision but cannot alter the basic structure — supremacy of the Constitution, rule of law, separation of powers, judicial review, federalism, secularism, free and fair elections.
  • Applied: Indira Gandhi v. Raj Narain (1975) struck down the 39th Amendment's bar on election challenges; Minerva Mills (1980) held the limited amending power itself part of the basic structure and struck down clauses (4) and (5) of Article 368; I. R. Coelho (2007) opened Ninth Schedule laws added after 24 April 1973 to review; the NJAC amendment fell in 2015.

Assessment

  • Procedurally easy: over a hundred amendments since 1950, most passed by Parliament alone, bear out the statement.
  • Substantively guarded: the basic structure doctrine is the real check — criticised as unelected judges holding a veto over the amending power, defended as the shield against majoritarian rewriting of the Constitution.

India's amending power is easy to exercise but hard to abuse: procedural flexibility lets the Constitution grow, while the basic structure keeps its identity intact.

Written by Minimalist IAS from facts checked at source (how we verify) — a little fuller than exam length, so every part of the question is covered; in the hall, keep the structure and trim the detail. UPSC publishes no model answers: compare your structure and coverage with this, then write your own.

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