Constituent Power of Parliament and the Basic Structure Doctrine
Official heading: “Power of Parliament to amend the Constitution and procedure therefor”
- Source edition
- The Constitution of India (as on 1 May 2026)
- Source locator
- Part XX, Article 368, printed pages 228–229
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1. In One Sentence
Regulates Parliament’s constituent power to amend the Constitution by addition, variation, or repeal, subject to special majorities, state ratification for federal provisions, and the Basic Structure doctrine.
2. What It Means in Everyday Language
Article 368 is the defining provision of Indian constitutionalism, governing how the fundamental law of the land can be amended.
Clause (1) (clarified by the 24th Amendment, 1971) states that Parliament may, in exercise of its constituent power, amend by way of addition, variation, or repeal any provision of the Constitution in accordance with the procedure laid down in this article.
Under clause (2), an amendment Bill can be introduced in either House of Parliament, must be passed in each House by a special majority (a majority of total membership and a majority of not less than two-thirds of members present and voting), and must receive presidential assent.
Federal entrenched provisions (the proviso to clause 2): Amendments altering Presidential election (Arts. 54–55), Union and State executive powers (Arts. 73, 162), superior courts (Arts. 124–147, 214–231), legislative distribution (Seventh Schedule), State representation in Parliament, or Article 368 itself also require formal ratification by the Legislatures of not less than one-half of the States.
The Basic Structure Doctrine: In the historic ruling of Kesavananda Bharati v. State of Kerala (1973), a thirteen-judge bench held that while Parliament’s amending power is wide, it is not unlimited: Parliament cannot alter, damage, or destroy the "basic structure" or essential framework of the Constitution (such as democracy, secularism, the rule of law, federalism, judicial review, and fundamental rights).
In Minerva Mills v. Union of India (1980), the Supreme Court formally struck down clauses (4) and (5) (which had been inserted by the 42nd Amendment to claim unlimited amending power), reaffirming that a limited amending power is itself a basic feature of the Indian Constitution.
3. Practical Illustrative Example
Parliament passes a constitutional amendment bill altering the distribution of tax powers between the Union and the States (such as the Goods and Services Tax 101st Amendment).
4. Important Limits, Qualifications & Exceptions
Article 368 balances constitutional stability with dynamic democratic responsiveness, bounded by the Basic Structure.
- Constituent power: Exercisable only through formal Article 368 procedures; distinct from ordinary legislative power.
- Special majority and ratification: Requires a double majority in each House, plus ratification by 50% of State Legislatures for entrenched federal provisions.
- Basic Structure limitation: Kesavananda Bharati established that constituent power cannot destroy the essential identity and core principles of the Constitution.
- Inoperative clauses (4) and (5): Declared unconstitutional and void by the Supreme Court in Minerva Mills (1980).
5. Operative Constitutional Text
6. Sources & Historical Assembly Deliberations
Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.
- •Government of India (Legislative Department, Ministry of Law and Justice) • Part XX, Article 368, printed pages 228–229 • Human source-link check pending
Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.