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)
Model answer
Drafted with AI 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. How we build rubrics and answers.
The statement is broadly correct: Article 368 gives Parliament wide amending power, but it is not plenary.
Procedural hurdles. Some provisions (e.g., creating States under Article 4, or councils under Article 169) can be changed by a simple majority and are not deemed amendments under Article 368. An Article 368 bill can be introduced only in Parliament, there is no joint sitting, and the President must assent (24th Amendment). It 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, and Minerva Mills (1980) struck down the 42nd Amendment's expansion of Article 31C and Article 368(4)-(5).
The amending power is therefore flexible enough to adapt, but rigid enough to preserve the Constitution’s identity.
How this answer will be evaluated
Framework: GS2 Constitutional Law & Governance
What earns full marks: Distinguishes procedural vs substantive limits with case law and clear reasoning.
Evaluation rubric
Each sub-part is marked on its own, against the marks and word limit printed on the paper.
- The answer Examine the procedural and substantive limits on Parliament's power to amend the Constitution. 15 marks · 250 words
examine— intro → how/why with reasoning → evidence → conclusion
Must cover
- Procedural: three modes – simple majority (outside Article 368, e.g., Articles 4, 169), special majority, special majority plus ratification by half the States
- Other procedural features: bill only in Parliament, no joint sitting, President bound to assent (24th Amendment)
- Substantive limits: basic structure doctrine (Kesavananda Bharati, 1973) and its elements
- Judicial review as a check, with cases (Indira Gandhi v. Raj Narain, Minerva Mills, NJAC)
Loses marks
- Reciting Article 368 without analysis
- Ignoring substantive limits
- Confusing ordinary legislative power with amending power
Earns more
- Golak Nath (1967) and the 24th Amendment response
- 42nd Amendment's Article 368(4)-(5) struck down in Minerva Mills (1980)
- Waman Rao (1981) on Ninth Schedule laws after 24 April 1973; I.R. Coelho (2007)
- Assessment of the statement: flexible procedure but real substantive limits
Extra mark
- NJAC judgment (2015) striking down the 99th Amendment
- Comparison with rigid procedures elsewhere (e.g., US Article V)
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.
Practice this exact question
Write your answer and it is marked point by point against the model answer above — what you covered, what you missed, what you got wrong.
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