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General Studies 2025 GS Paper II 15 marks 250 words Compulsory Examine

GS Paper II — Q12

Indian Constitution has conferred the amending power on the ordinary legislative institutions with a few procedural hurdles. In…

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. (Answer in 250 words) 15 marks

हिंदी में प्रश्न पढ़ें

भारतीय संविधान ने कुछ प्रक्रियात्मक अवरोधों के साथ सामान्य विधायी संस्थाओं को संविधान संशोधन की शक्ति प्रदान की है। इस कथन को दृष्टिगत कर संसद के संविधान संशोधन की शक्ति पर प्रक्रियात्मक एवं सारभूत परिसीमाओं का परीक्षण कीजिए। (उत्तर 250 शब्दों में दीजिए)

Q12 of the 2025 UPSC Mains General Studies GS Paper II, as printed
The question as printed in the 2025 General Studies paper
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Model answer

Written by UPSC Answer Check against this question's marking rubric, to the 250-word length. UPSC does not publish answers for Mains — this is one way to score well, not an official key.

The statement is broadly correct: Article 368 gives Parliament wide amending power, but it is not plenary.

Procedural hurdles. An amendment bill must be passed by a special majority—majority of the total membership of each House and at least two-thirds of members present and voting. Where the amendment affects federal or institutional arrangements, such as the election of the President, legislative powers, High Courts, or certain tax and emergency provisions, it must also be ratified by the legislatures of at least half the States.

Substantive limits. The decisive limitation is judicial. Golak Nath (1967) initially held fundamental rights unamendable; Kesavananda Bharati (1973) overruled that, permitting amendment of fundamental rights but not the Constitution’s basic structure. Minerva Mills (1980) reinforced that harmony between fundamental rights and DPSP is basic. The NJAC judgment (2015) struck down the 99th Amendment, protecting judicial independence. Thus judicial review, federalism, secularism, judicial independence, rule of law, separation of powers, and free and fair elections are treated as unamendable.

Parliament responded to judicial limitations through the 42nd Amendment, which sought to shield amendments from judicial review; the 44th Amendment partially rolled this back by deleting Article 31C and restoring scrutiny of laws under Article 19. Contemporary debates on constitutional amendments and judicial review—such as the 2024 Electoral Bonds judgment, which struck down ordinary legislation under Article 19(1)(a) rather than an amendment—show that courts continue to police constitutional limits.

The amending power is therefore flexible enough to adapt, but rigid enough to preserve the Constitution’s identity.

What "Examine" is asking you to do

Test the proposition the question puts to you and return a finding on how far it holds. Examine stems carry a claim, or ask whether something has happened, and expect evidence weighed both ways before the extent is stated — often with remedial measures attached.

Structure that answers it

Restate the claim as the question frames it → evidence that supports it → evidence that undercuts it → the conditions under which it holds → verdict on how far it stands

Where marks are lost

Stopping at description. An examination has to reach a finding, and “examine with justification” means the extent must be stated, not implied.

All UPSC directive words, compared →

How this answer will be evaluated

Approach

Framework: GS2 Constitutional Law & Governance. examine: intro > how/why with reasoning > evidence > conclusion Full marks: Distinguishes procedural vs substantive limits with case law and clear reasoning.

Key points expected

  • Procedural hurdles: simple, special, and state consent majorities
  • Substantive limits: Basic Structure Doctrine (Kesavananda Bharati)
  • Distinction between ordinary legislation and constitutional amendment
  • Judicial review as a check on amending power

Evaluation rubric

Each sub-part is marked on its own, against the marks and word limit printed on the paper.

  1. The answer Analyze the procedural and substantive limits on Parliament's amending power under Article 368. 15 marks · 250 words

    examine— intro → how/why with reasoning → evidence → conclusion

    Must cover

    • Procedural hurdles: simple, special, and state consent majorities
    • Substantive limits: Basic Structure Doctrine (Kesavananda Bharati)
    • Distinction between ordinary legislation and constitutional amendment
    • Judicial review as a check on amending power

    Loses marks

    • Reciting Article 368 text without analysis
    • Ignoring the 'substantive' limitation aspect
    • Confusing ordinary legislative power with amending power

    Earns more

    • Reference to 24th/25th/42nd Amendments
    • Mention of Article 368(2) requirements
    • Discussion of 'Constitutional Morality' as a limit
    • Reference to 99th Amendment (NJAC) strike-down

    Extra mark

    • Citing specific Supreme Court judgments (e.g., Minerva Mills)
    • Mentioning Law Commission recommendations on amendment

Practice this exact question

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