Civil Services Prep

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.

Model answer

Article 368 gives Parliament constituent power to amend the Constitution. Parliament does not thereby become the original Constituent Assembly: it must follow the prescribed procedure and cannot destroy the Constitution’s basic character. Procedural limitations **Initiation:** Only a Bill introduced in either House of Parliament can start an amendment. State Legislatures cannot initiate it. **Special majority:** Each House must separately approve the Bill by a majority of its total membership and two-thirds of members present and voting. No joint sitting is allowed. **State ratification:** Changes to specified federal provisions also need approval from at least half the States, thereby protecting federal consent. **Assent and review:** After these requirements are met, the President must assent. Courts can strike down an amendment for procedural failure. Substantive limitations **Wide but limited power:** Parliament may add, change or remove provisions, including Fundamental Rights, but its power is not unlimited.