Can you explain the procedure under Article 368 for amending the Constitution, and what limitations have been placed on this power by the Supreme Court?

Detailed Legal Analysis

The procedure for amending the Constitution of India is detailed under Article 368, which allows Parliament to amend the Constitution by following specific procedures that vary depending on the type of amendment proposed. Additionally, the Supreme Court of India has placed certain limitations on this power to ensure the Constitution's basic structure remains intact.

Article 368 outlines two categories of amendments:

• Simple Majority Amendments: These amendments can be enacted by a simple majority of the members present and voting in both Houses of Parliament. This category includes amendments that do not affect federalism or the distribution of powers between the Union and States.
• Special Majority Amendments: These require either:
• A majority of the total membership of each House and a majority of the members present and voting.
• A majority of the total membership of each House and the consent of at least half of the state legislatures if the amendment relates to the federal structure or is specified under Article 368(2).

Steps involved in the amendment process are as follows:

• The proposal for an amendment can be initiated in either House of Parliament.
• The amendment bill must be passed by the requisite majority as per its category.
• If the amendment affects the states, it must also be ratified by at least half of the state legislatures.
• Once passed, the amendment is sent to the President for assent.
• The amendment comes into force on the date specified in the amendment or, in the absence of such specification, from the date of the Presidential assent.

In terms of limitations on the power to amend, the Supreme Court in the landmark case of Kesavananda Bharati v. State of Kerala (1973) established the "basic structure doctrine." This doctrine asserts that while Parliament has the power to amend the Constitution, it cannot alter or destroy its basic structure. Key elements of this doctrine include:

• The supremacy of the Constitution
• The rule of law
• The separation of powers
• Federalism
• Judicial review
• Protection of fundamental rights

Thus, while Article 368 provides a robust mechanism for constitutional amendments, the basic structure doctrine serves as a crucial check on the Parliament’s power, ensuring that the essential tenets of the Constitution are preserved.