The Constitution can be changed — Parliament amends it all the time. But there is a limit: the core identity of the Constitution cannot be erased. This article explains how amendments work, tells the full story of the famous Kesavananda Bharati case, and shows the other landmark rulings that together built the “basic structure” rule.
mcqquestion.com · Indian Polity⚖️ Exam Edge
⚖️ Amending the Constitution
Change is allowed, but not everything.
Article 368The amending rule
Three TracksSimple, special, ratified
Basic StructureThe core limit
1973Kesavananda case
1976–8042nd, then 44th
ExamCases + tracks
💡The trap: The basic structure is not written in the Constitution — it is a judge-made rule that stops Parliament from erasing the core.
mcqquestion.comUPSC · CDS · NDA · CAPF · SSC
Must Know
How an Amendment Happens: Article 368
- Article 368Article 368 lays down the procedure for amending the Constitution.
- Three tracksDifferent provisions need different levels of majority — simple, special, or special plus ratification.
- Simple majoritySome provisions can be changed by a simple parliamentary majority — just more than half of those present and voting.
- Special majorityOthers need a special majority — more than half of the total members and two-thirds of those present and voting.
- RatificationSome also need ratification by at least half of the state legislatures — because they touch federal matters.
- Why it mattersKnowing which track fits which change is a very common exam question.
- So whatSimple, special, or special + states — three different weights of amendment.
The Rules Around Passing an Amendment
- No prior recommendationAn amendment bill does not need the President’s prior recommendation before it is introduced — unlike a Money Bill.
- But assent is a mustOnce passed, the President must give assent — it cannot be withheld.
- No joint sittingThere is no joint-sitting provision for an amendment — both Houses must pass it separately.
- The reasonThis makes amendments harder to push through quickly than ordinary laws.
- Why it mattersThese are exceptions that exams love — the amendment is unlike ordinary legislation.
- So whatNo prior nod, mandatory assent, no joint sitting — the amendment is special.
Good to Know
The Basic Structure Doctrine
- The ideaThe basic structure doctrine says Parliament can amend the Constitution but cannot alter its fundamental features.
- Where it came fromIt emerged from the Kesavananda Bharati case (1973).
- A judicial inventionThe doctrine is not written into the text — it is the Supreme Court’s interpretation.
- Why it existsIts purpose is to stop Parliament from using amendments to hollow out the core.
- Not a fixed listDifferent judges gave different lists of what counts — it has been refined case by case.
- So whatBasic structure = the judge-made wall that protects the Constitution’s core identity.
The 42nd and 44th Amendments
- 42nd (1976)Passed during the Emergency, the 42nd Amendment made sweeping changes — the “Mini-Constitution”.
- Weakened checksIt tried to weaken judicial review and give amendments blanket immunity.
- 44th (1978)The 44th Amendment reversed several Emergency-era changes, restoring checks.
- Minerva Mills (1980)The Minerva Mills case struck down the blanket immunity — reinforcing basic structure.
- Why it mattersThis 42nd/44th pair shows why the doctrine matters practically.
- So what42nd weakened, 44th repaired, Minerva Mills locked the door — the core was saved.
✅ Test Yourself
Work through a 5-question chain on Amending the Constitution, then keep practising with a random Indian Polity question.
Great to Know
The Full Story of Kesavananda Bharati (1973)
- Who he wasKesavananda Bharati was a religious head (swami) who owned land in Kerala.
- The sparkThe Kerala government used land-reform laws to take his property — he challenged them in court.
- The bigger fightHis case grew into a challenge to Parliament’s amending power itself — could the 24th and 25th Amendments strip rights?
- The huge benchA record 13-judge bench heard the case — the largest in Supreme Court history.
- The splitBy a 7–6 majority, the Court said Parliament can amend the Constitution — but not its basic structure.
- Justice KhannaJustice H.R. Khanna’s powerful dissent-vote framed the doctrine; he was later passed over for Chief Justice.
- The resultThe Court overruled Golaknath (which had said fundamental rights could not be touched at all) with a more flexible rule.
- Why it mattersThis one case created the rule that still guards the Constitution today.
- So whatOne man’s land dispute became the case that defined the limit of Parliament’s power.
The List of Basic Structure Elements
- Supremacy of the ConstitutionThe Constitution is the highest law — no law can stand above it.
- Sovereign, democratic, republicThe sovereign, democratic and republican nature of the state is part of the core.
- SecularismSecularism — the state stays neutral toward all religions — is basic structure.
- FederalismThe federal structure — the balance of power between Centre and States — is protected.
- Separation of powersThe separation of powers between legislature, executive and judiciary is a core feature.
- Judicial reviewThe power of judicial review — courts checking laws — is part of the structure.
- Rule of lawThe rule of law — everyone is equal before the law — is protected.
- Free and fair electionsFree and fair elections — the basis of democracy — are a basic feature.
- Fundamental rightsThe fundamental rights and the dignity of the individual are part of the core.
- Why it mattersExams ask you to pick which features are part of the basic structure — memorise this list.
- So whatSovereignty, democracy, secularism, federalism, separation of powers, judicial review — these form the core.
Golaknath (1967): The Step Before
- The questionIn Golaknath (1967), the Court asked whether Parliament could amend fundamental rights at all.
- The rulingThe Court said Parliament could not touch fundamental rights — a very strict position.
- The problemThis was too rigid — it froze the whole Constitution and blocked even reasonable changes.
- The reactionThe government pushed back with the 24th and 25th Amendments, widening the amending power.
- The clashThis clash over the amending power is exactly what Kesavananda (1973) resolved.
- So whatGolaknath said ‘can’t touch rights’; Kesavananda said ‘can amend, but not the core’ — a middle path.
Minerva Mills (1980) and the Ninth Schedule
- Minerva MillsIn Minerva Mills (1980), the Court struck down the 42nd Amendment’s attempt to give amendments blanket immunity.
- The balanceIt held the balance between fundamental rights and directive principles is itself basic structure.
- The Ninth ScheduleThe Ninth Schedule (added 1951) shielded land laws from judicial review — but the shield had limits.
- I.R. Coelho (2007)I.R. Coelho later held that even Ninth Schedule laws can be reviewed if they damage the basic structure.
- Why it mattersThis shows no law, not even a ‘protected’ one, can escape the basic-structure test.
- So whatMinerva Mills + Coelho = even ‘immunity’ laws can be struck down if they hit the core.
How India Differs From Britain
- British supremacyIn Britain, Parliament is legally supreme — it can change anything.
- India’s limitsIndia’s Parliament has real limits on its amending power — the basic structure rule.
- Constitution BenchWhen an amendment’s validity is questioned, it goes to a Constitution Bench of the Supreme Court.
- Why it mattersThis difference is a favourite UPSC question — India borrows the parliamentary system but not full supremacy.
- So whatBritain: Parliament supreme. India: Parliament powerful, but the Constitution’s core is supreme.
PYQ / Exam Angle
PYQ: The Golaknath vs Kesavananda Distinction
- QuestionCAPF 2017 asked which judgment said Parliament had NO power to amend Part III — the answer is Golak Nath (1967), before Kesavananda (1973) softened it.
- WhyGolaknath vs Kesavananda is a classic before-and-after pair in exams.
- Try itBasic structure deep-dive.
PYQ: Ninth Schedule by Which Amendment
- QuestionCAPF 2017 q12 and UPSC 2019 asked which amendment added the Ninth Schedule — the answer is the 1st Amendment, 1951.
- WhyThe Ninth Schedule + the 1st Amendment is a highly repeated fact.
- Try itNinth Schedule quiz.
PYQ: What Counts as Basic Features
- QuestionCAPF 2026 asked which are “basic features” — access to justice, rule of law, and limits on Article 368.
- WhyExams test which features the Court has treated as part of the basic structure.
- Try itFirst Amendment story.
Current Affairs / So What
Amendments in the News
- Why it mattersNew amendments, and Court rulings on old ones, keep this in the news.
- So whatWhen an amendment is passed or challenged, you can now see which track and which limit apply.
- For the examAttach each amendment to its track (Article 368) and its test (basic structure).
Beyond the answer
Browse all indian-polity-and-constitution topics →
📚 Keep reading
Polity0062 — Constitutional Amendment ProcedurePolity0348 — First Amendment, 1951Polity0263 — Article 246A: Special Provision for GST Law-Making PowerPolity0044 — Basic Structure Doctrine and Constitutional FoundationsUPSC CSP 2019 — General Studies Paper I (Full Question Paper)❓ Practice this topic
Q5: What is PESA's core purpose?Q4: Why does force alone fail to end left-wing extremism long-term?Q3: What does the Tribes Advisory Council do under the Fifth Schedule?Q2: Which Schedule of the Constitution governs Scheduled Areas administration?🎲 Take a Indian Polity And Constitution Quiz
Leave a Reply