Article 368 of the Costitution of India with Case law
📜 Article 368 of the Constitution of India
Title: Power of Parliament to amend the Constitution and procedure therefor
✅ Text of Article 368:
Parliament may amend the Constitution by way of addition, variation, or repeal of any provision, subject to procedure laid down.
Procedure:
The amendment must be passed by a special majority in both Houses of Parliament:
Majority of the total membership, and
At least two-thirds of members present and voting.
Certain amendments (affecting federal structure, States' representation) also require ratification by at least half of the State Legislatures.
🔍 Meaning and Scope:
Article 368 gives Parliament the authority to amend the Constitution.
Amendment can be of any part or provision — the Preamble, Fundamental Rights, Directive Principles, etc.
The procedure ensures a higher threshold than ordinary legislation.
Some amendments require State ratification to protect federalism.
⚖️ Key Case Laws on Article 368:
1. Kesavananda Bharati v. State of Kerala (1973)
Citation: AIR 1973 SC 1461
Facts: Challenge to Kerala Land Reform Acts and amendments made by Parliament.
Held:
Established the Basic Structure Doctrine.
Parliament can amend the Constitution but cannot alter its “basic structure” or framework.
The power under Article 368 is not unlimited.
Some features like secularism, democracy, federalism, separation of powers, and fundamental rights are inviolable.
2. Minerva Mills Ltd. v. Union of India (1980)
Citation: AIR 1980 SC 1789
Held:
Reaffirmed the Basic Structure Doctrine.
Struck down amendments that gave Parliament unlimited power to abridge Fundamental Rights.
Balanced power between Parliament and the Constitution.
3. I.R. Coelho v. State of Tamil Nadu (2007)
Citation: AIR 2007 SC 861
Held:
Laws placed in the Ninth Schedule after April 24, 1973, are subject to judicial review if they violate the Basic Structure.
Parliament’s power to amend cannot immunize laws violating basic features.
🧠 Key Principles:
| Principle | Explanation |
|---|---|
| Parliament’s power is broad but not absolute | Limited by Basic Structure Doctrine |
| Basic Structure is inviolable | Includes democracy, secularism, federalism, judicial review, and fundamental rights |
| State ratification needed for certain amendments | Protects federal balance |
| Judicial review applies to amendments | Courts can strike down unconstitutional amendments |
📚 Summary Table:
| Feature | Details |
|---|---|
| Article | 368 |
| Subject | Power and procedure to amend Constitution |
| Majority Required | Special majority in both Houses (majority + 2/3 present and voting) |
| State Ratification | Needed for amendments affecting States or federal features |
| Key Doctrine | Basic Structure Doctrine (Kesavananda Bharati case) |
| Judicial Review | Applicable to amendments |
| Important Cases | Kesavananda Bharati (1973), Minerva Mills (1980), I.R. Coelho (2007) |
🔁 Related Articles:
| Article | Subject |
|---|---|
| Article 13 | Laws inconsistent with Fundamental Rights are void |
| Article 368(2) | Procedure for amendment |
| Article 356 | President’s Rule (relates to federalism) |
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