What is the process for amending the Constitution under Article 368, and how have significant amendments, like the 42nd Amendment, affected the basic structure doctrine?

Detailed Legal Analysis

The process for amending the Constitution of India under Article 368 involves a structured procedure that varies depending on the type of amendment being proposed. Constitutional amendments can be categorized into three types: simple majority amendments, special majority amendments, and amendments requiring ratification by states.

• Article 368 Process Overview:
• Simple Majority Amendments: Amendments affecting provisions such as the composition of Parliament or the allocation of seats can be done by a simple majority in both Houses of Parliament.
• Special Majority Amendments: Most amendments require a special majority, which means they must be approved by a majority of the total membership of each House and by at least two-thirds of the members present and voting.
• State Ratification: Certain amendments, particularly those affecting the powers of the states or the federal structure, require ratification by at least half of the state legislatures after being passed by Parliament.

Article 368 also outlines the procedure for proposing an amendment, which must be initiated by introducing a bill in either House of Parliament. After the bill is passed, it is sent to the President for assent.

Significant amendments, particularly the 42nd Amendment enacted in 1976, have had a profound impact on the constitutional framework and the basic structure doctrine established by the Supreme Court in the Kesavananda Bharati case (1973). The basic structure doctrine asserts that certain fundamental features of the Constitution cannot be altered or destroyed by amendments.

• 42nd Amendment Key Points:
• It sought to make several changes, including the alteration of the preamble, the introduction of fundamental duties, and the limitation of judicial review.
• It attempted to enhance the power of Parliament to amend the Constitution, challenging the basic structure doctrine.
• Subsequent Supreme Court rulings, particularly in Minerva Mills v. Union of India (1980), reaffirmed that Parliament cannot amend the basic structure of the Constitution, thereby invalidating some provisions of the 42nd Amendment.

Thus, while Article 368 provides the framework for constitutional amendments, the basic structure doctrine acts as a safeguard against alterations that could undermine the Constitution's fundamental principles.