Constitutional Amendments And Their Impact On Indian Democracy
- IJLLR Journal
- May 23
- 1 min read
Animesh Pundir, Indian Institute of Management, Rohtak
ABSTRACT
The Indian Constitution has undergone more than 100 amendments to date, with several playing a crucial role in shaping the nation as it stands today. The relatively straightforward procedure for passing constitutional amendments has contributed to the numerous changes. Notably, the 1st, 4th, 17th, 24th, 25th, and 29th amendments, which involved fundamental rights, led the judiciary to impose limitations on the Parliament's power to amend the Constitution. This tension between the Supreme Court and Parliament, where the latter sought broad discretionary power while the former aimed to restrict it, culminated in the establishment of the Basic Structure doctrine in 1973.
The Basic Structure doctrine limits the legislature's power to amend the Constitution, protecting fundamental principles such as secularism, independence of the judiciary, federalism, and the rule of law. Under Article 368, an amendment can be challenged if it violates the Constitution's basic structure, a distinction from ordinary legislation. In the Golaknath v. State of Punjab case, it was held that Parliament's power to amend is limited; Article 368 outlines the procedure for amendment, while the authority is derived from Article 245 in conjunction with List 1 of the Constitution. This principle was further elaborated in the Kesavananda Bharti case. Subsequently, the Minerva Mills case brought constitutional amendments within the scope of judicial review, solidifying the judiciary's role in overseeing the amendment process.
