Parliament's Power and Procedure to Amend the Constitution under Article 368

 Parliament's Power to Amend:

Article 368 empowers Parliament to amend the Constitution by way of addition, variation, or repeal of any provision, following a specific procedure. This power is not absolute. The Supreme Court, in the landmark Kesavananda Bharati case (1973), established the "Basic Structure Doctrine," limiting Parliament's power to amend the Constitution to ensure that certain fundamental principles remain inviolable. 

Scope of Amendment:

Parliament can amend any part of the Constitution, including Fundamental Rights, but this power is not absolute. 

Procedure to Amend the Constitution:

The amendment process involves introducing a bill in either house of Parliament, passing it by a special majority (more than 50% of the total membership of the House and a majority of not less than two-thirds of the members present and voting), and then obtaining the President's assent. 

1. Initiation:

An amendment to the Constitution can only be initiated by introducing a bill in either house of Parliament (Lok Sabha or Rajya Sabha). 

2. Passage in Parliament:

Special Majority:

The bill must be passed in each house by a majority of the total membership of that house and by a majority of not less than two-thirds of the members present and voting. 

Simple Majority:

Most parts of the Indian Constitution can be amended by a simple majority in Parliament. 

Federal Provisions:

Amendments affecting federal provisions (like the distribution of powers between the Union and the states) require a two-thirds majority in Parliament and ratification by at least half of the state legislatures. 

3. Presidential Assent:

Once the bill is passed by both houses of Parliament, it is sent to the President for assent.

The President is constitutionally bound to give assent to the bill. 

The Basic Structure Doctrine:

Origin:

The Kesavananda Bharati case (1973) established the "Basic Structure Doctrine," which limits Parliament's power to amend the Constitution. 

Meaning:

The doctrine states that Parliament cannot alter or destroy the fundamental or basic structure of the Constitution. 

Safeguard:

This doctrine acts as a safeguard against potential abuses of power by Parliament, ensuring that the core values and principles of the Constitution remain intact. 

Examples of Basic Features:

Judicial review, democracy, federalism, rule of law, separation of powers, and the secular character of the Constitution are some of the features considered part of the basic structure. 

3. Relevant Case Law:

Kesavananda Bharati v. State of Kerala (1973):

This landmark case established the Basic Structure Doctrine, limiting Parliament's power to amend the Constitution. 

Indira Nehru Gandhi v. Raj Narain (1975):

This case further solidified the Basic Structure Doctrine. 

Minerva Mills v. Union of India (1980):

This case reaffirmed the Basic Structure Doctrine and its importance in safeguarding the Constitution. 

Shankari Prasad Case (1951):

The Supreme Court ruled that Parliament's power to amend the Constitution, as per Article 368, has no limits.