GS Paper II 2025 · Q12
15 marks · 250 words Constitution: evolution, features & basic structure X-Ray · Core #32Indian 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.
It asks 3 things — answer each
- Examine: the procedure under Article 368 that vests the amending power in Parliament, with its 'few procedural hurdles'
- Examine: the substantive limits — the basic structure doctrine and its application
- Assess: whether the statement holds — flexible in procedure, bounded in substance
Open with · Article 368(1) lets Parliament amend 'in exercise of its constituent power', with no constituent assembly or referendum; yet judicial review adds limits that procedure does not.
Cover
- Initiation only in Parliament; special majority in each House separately; no joint sitting.
- Federal provisions need ratification by 'not less than one-half of the States'; assent mandatory since the 24th Amendment (1971); some changes by simple majority.
- Kesavananda Bharati (1973): not even Parliament, through amendment, can violate the basic structure.
- Applications: Indira Gandhi v. Raj Narain (1975), Minerva Mills (1980), I. R. Coelho (2007), NJAC (2015) — shown as a timeline.
- Assessment: amended up to the 106th Amendment (2023); Article 13(4) exempts amendments from Article 13, but basic structure remains the real check.
- Debate: an unelected veto to critics, a shield against majoritarian rewriting to defenders.
Close with · NCERT's description of the Constitution as 'a living' document: Article 368 lets it change, the basic structure keeps its identity.
Add value (verified)
- The official text notes that the 42nd Amendment's insertion of clauses (4) and (5) in Article 368 was struck down in Minerva Mills.The Constitution of India (Legislative Department, Ministry of Law and Justice, as on 1 May 2024) — Article 368, footnote ↗“This section has been declared invalid by the Supreme Court in Minerva Mills Ltd. and Others Vs. Union of India and Others AIR 1980 SC 1789.”
- For federal provisions, Article 368(2) requires ratification by half the States.The Constitution of India (Legislative Department, Ministry of Law and Justice, as on 1 May 2024) — Article 368(2), proviso ↗“ratified by the Legislatures of not less than one-half of the States”
- Article 368(1) frames the amending power as Parliament's constituent power to amend any provision by addition, variation or repeal.The Constitution of India (as on 1 May 2024) - Legislative Department, Article 368(1) ↗“Parliament may in exercise of its constituent power amend by way of addition, variation or repeal any provision of this Constitution in accordance with the procedure”
- Article 13(4): nothing in Article 13 applies to an amendment of the Constitution made under Article 368.The Constitution of India (as on 1 May 2024) - Legislative Department, Article 13(4) ↗“Nothing in this article shall apply to any amendment of this Constitution made under article 368.”
- The official text of the Constitution incorporates all amendments up to the 106th Amendment Act, 2023.The Constitution of India (as on 1 May 2024) - Legislative Department, preface ↗“incorporating therein all the amendments up to the Constitution (One Hundred and Sixth Amendment) Act, 2023”
Question: UPSC's CS (Main) 2025, GS Paper II — paper ↗. Approach: Minimalist IAS, checked 3 Oct 2026 (how we verify) — UPSC publishes no model answers. ·
Model answer· 356words · Minimalist IAS
Article 368(1) lets Parliament, 'in exercise of its constituent power', amend 'by way of addition, variation or repeal any provision'. No constituent assembly or referendum is needed, which bears out the statement. Yet judicial review has added limits that procedure alone does not.
Procedural limits under Article 368
- Initiation: a Bill only in Parliament, in either House, by a Minister or private member; State legislatures cannot initiate.
- Special majority: a majority of total membership and two-thirds of those present and voting, in each House separately; no joint sitting can break a deadlock.
- Federal ratification: changes to federal provisions, such as the Seventh Schedule, representation of States, the higher judiciary or Article 368 itself, need ratification by 'not less than one-half of the States'.
- Assent and exceptions: presidential assent is mandatory since the 24th Amendment (1971); Articles 2–4 and the Fifth and Sixth Schedules change by simple majority.
Substantive limits: the basic structure
- Kesavananda Bharati (1973): as NCERT puts it, nobody, 'not even the Parliament (through amendment)', can violate the basic structure.
- Indira Gandhi v. Raj Narain (1975): struck down the 39th Amendment's bar on election challenges.
- Minerva Mills (1980): limited amending power is itself basic; clauses (4) and (5) of Article 368 were struck down.
- I. R. Coelho (2007): Ninth Schedule laws added after 24 April 1973 stay open to basic-structure review.
- NJAC case (2015): judicial independence prevailed over the 99th Amendment.
- 1971: 24th Amendment
- 1973: Kesavananda Bharati
- 1980: Minerva Mills
- 2007: I. R. Coelho
- 2015: NJAC struck down
Does the statement hold?
- Procedurally, largely yes: the Constitution has been amended up to the 106th Amendment (2023), mostly by Parliament alone.
- Formally insulated: Article 13(4) exempts amendments under Article 368 from Article 13, so a plea of Fundamental Rights alone cannot void them.
- Substantively, no: the basic structure is the real check, so the Court has the last word on the Constitution's identity.
- The debate: critics see an unelected veto over the people's representatives; defenders see a shield against majoritarian rewriting.
NCERT describes the Indian Constitution as 'a living' document: Article 368 lets it change with each generation, while the basic structure keeps its identity intact.
Prepared by Minimalist IAS to the answer standard of Shivam Singh (mentor, 7 years) · facts checked against official sources (how we verify) · updated 3 Oct 2026. UPSC publishes no model answers: compare your structure and coverage with this, then write your own.
