Amendment and the Basic Structure
Article 368 and the basic structure doctrine for UPSC: three types of majority, the amendment procedure, Golaknath to Kesavananda and NJAC, and key amendments.
SyllabusGS II · Indian Constitution — historical underpinnings, evolution, features, amendments, significant provisions and basic structure
How can a Constitution change without losing its identity? Article 368 gives Parliament the power to amend; the Supreme Court’s basic structure doctrine, first stated in Kesavananda Bharati (1973), sets the limit. The tug of war between the two is the story of Indian constitutional law from 1951 to the NJAC judgment of 2015.
What UPSC asks. Prelims tests the procedure — who can initiate, what majority, which provisions need State ratification, whether a joint sitting is possible — and the case sequence. Mains asks you to evaluate the doctrine: judicial overreach or a safeguard of democracy?
| Sub-topic | Key points |
|---|---|
| Three methods of amendment | Simple majority (outside Article 368), special majority, special majority plus State ratification |
| Procedure under Article 368 | Bill in either House of Parliament; no joint sitting; President must assent |
| Case law | Shankari Prasad, Golaknath, Kesavananda, Indira Gandhi, Minerva Mills, Waman Rao, I.R. Coelho |
| Elements of the basic structure | Supremacy of the Constitution, judicial review, federalism, secularism and more |
| Landmark amendments | 1st, 24th, 42nd, 44th, 73rd–74th, 101st, 103rd, 106th |
Start with the main topic page: Amendment Procedure and the Basic Structure. Then revise with the quick revision sheet and test yourself on the practice questions.