Constitutional Amendment Procedure
/əˈmɛndmənt prəˈsiːdʒər/
Constitutional Law Term
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Definition
The procedure for amending the Indian Constitution under Article 368. There are three methods: (1) Simple majority of Parliament for matters like admission of new states; (2) Special majority (2/3 of members present and voting + majority of total membership) for most constitutional provisions; (3) Special majority + ratification by at least half the state legislatures for federal provisions. The basic structure of the Constitution cannot be amended at all.
Examples
Case Study
In Kesavananda Bharati (1973), the Supreme Court held that while Parliament has wide amending power under Article 368, it cannot use that power to destroy the basic structure of the Constitution. The 24th, 25th, and 42nd Amendments were partially or wholly struck down under this doctrine. The 44th Amendment (1978) restored rights curtailed during the Emergency and made Article 21 non-suspendable.
Key Cases
Kesavananda Bharati v. State of Kerala
1973AIR 1973 SC 1461
Parliament cannot use amending power to destroy the basic structure. Article 368 does not confer unlimited power. The most important constitutional case in Indian history.
View on Indian Kanoon →Minerva Mills v. Union of India
1980AIR 1980 SC 1789
Struck down clauses of 42nd Amendment excluding constitutional amendments from judicial review. Judicial review of amendments is itself a basic structure feature.
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