UPSC Mains 2025 GS2 Q12 — Constitutional Amendment
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)
Question Decoded — examiner's intent
- Directive verbs
- examine
- Scope keywords
- amending powerordinary legislative institutionsprocedural hurdlesprocedural and substantive limitationschange the Constitution
- Implicit sub-parts
- How does Article 368 make India a 'flexible' yet 'rigid' constitution compared to other nations?
- What are the specific procedural barriers such as special majorities and federal ratification?
- How did the judiciary evolve 'substantive' limitations through the Basic Structure Doctrine?
- What is the tension between parliamentary sovereignty and constitutional supremacy?
- Common pitfalls
- Focusing too much on the history of the 42nd Amendment rather than current constitutional mechanics.
- Neglecting to mention Article 368(2) and the role of State Legislatures in federal amendments.
- Failing to distinguish between 'procedural' (rules of the game) and 'substantive' (core values/content) limits.
- Omitting the significance of the Minerva Mills or Kesavananda Bharati cases as the source of substantive limits.
- Dimensions required
- Constitutional provisions (Article 368)Judicial/Legal (Basic Structure Doctrine)Federal (Consent of States)Comparative (Ordinary vs. Constituent power)
- Marks allocation hint
Allocate 50-60 words to the procedural hurdles like special majority and state ratification. Spend the bulk (120-130 words) on the substantive limitations, specifically the evolution and components of the Basic Structure Doctrine. Use the remaining words for a balanced introduction on the 'flexible-rigid' nature and a conclusion on the preservation of constitutional identity.
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