QUESTION 12
GS2
15 marks
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.
WRITE IN
11 min
250 words
What the examiner wants
Test the claim that amendment is left to ordinary legislatures with few hurdles by examining the procedural and substantive limits on Parliament's amending power.
ExamineGo into the details, test each point against evidence, and conclude on what it shows.
Demand-wise check
- 1Why the claim has some truth: most amendments need only a special majority in Parliament, no constituent assembly or referendum; over 100 amendments so far≈65 words
- 2Procedural limits (Article 368): special majority of total membership and two-thirds present and voting; ratification by half the states for federal provisions; no joint sitting; President must assent (24th Amendment)≈65 words
- 3Substantive limits: basic structure — Kesavananda Bharati (1973), Indira Gandhi v. Raj Narain (1975), Minerva Mills (1980), Waman Rao (1981), I.R. Coelho (2007), NJAC case (2015)≈65 words
Open in about 30 words and close in about 30.
Answer plan
Engage with the statementProcedural limitsSubstantive limits with casesAssessment (flexible but guarded)Conclusion
Where marks usually go
- Listing Article 368 procedure without the basic structure limits
- Not engaging with the statement that hurdles are few
Draw this
- Flow chart: amendment bill → special majority → state ratification (if federal) → assent → judicial review against basic structure
Value addition
- Case lawMinerva Mills v. Union of India (1980): limited amending power is itself part of the basic structure; struck down clauses (4) and (5) of Article 368 added by the 42nd Amendment.Supreme Court of India, 1980
- Case lawI.R. Coelho v. State of Tamil Nadu (2007): laws placed in the Ninth Schedule after 24 April 1973 can be tested against the basic structure.Supreme Court of India, 2007
Mapped topper copies
Reviewed public-source references related to this PYQ. Same-syllabus references are labelled separately.
- Alfred Thomas · Page 7 ↗Reviewed PYQ reference
- Akash Kumar · AIR 101 · Page 7 ↗Same syllabus reference
- Shakti Dubey · AIR 1 · Page 7 ↗Same syllabus reference
- Alfred Thomas · Page 15 ↗Same syllabus reference
Links open original public sources. MainsBuddy does not host these answer sheets.
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