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Amendment of the Constitution of India is governed by Article 368, which outlines the procedure

and limitations for making changes to the Constitution. Here's a multidimensional analysis of the
amendment process with relevant data, facts, and court proceedings for each subtopic:

Power to Amend (Article 368):


Analysis: Article 368 empowers the Parliament to amend the Constitution, but it also places
certain limitations on the power of amendment.
Relevant Fact: The Supreme Court, in the case of Kesavananda Bharati v. State of Kerala (1973),
ruled that while Parliament has the power to amend the Constitution, it cannot alter its basic
structure, which includes certain fundamental features and essential elements.
Amendment Procedures:
Analysis: Amendments can be made through various procedures: by a simple majority, a special
majority, or a special majority followed by ratification by the majority of states.
Relevant Fact: Notable amendments, such as the 73rd and 74th Amendments, which introduced
Panchayati Raj and urban local bodies, required ratification by the majority of states.
Simple Majority:
Analysis: Some provisions can be amended by a simple majority of members present and
voting in each house of Parliament.
Relevant Fact: The First Amendment Act (1951) added the Ninth Schedule to protect land
reform laws from judicial review, which was done through a simple majority.
Special Majority:
Analysis: Amendments involving some fundamental rights and other provisions require a
special majority, i.e., a majority of the total membership of each house and a two-thirds
majority of members present and voting.
Relevant Fact: The 42nd Amendment (1976) is an example of an amendment that sought to
alter the Constitution significantly and required a special majority.
Ratification by States:
Analysis: In cases where amendments affect federal relations or the powers of states, ratification
by a majority of states is required.
Relevant Fact: The 101st Amendment (2016) introduced the Goods and Services Tax (GST) and
required ratification by more than half of the states.
Scope of Amendment:
Analysis: While Parliament has wide-ranging powers to amend the Constitution, certain
amendments may be subject to judicial review if they violate the basic structure doctrine.
Relevant Fact: The basic structure doctrine was established in the Kesavananda Bharati case,
which limited the extent to which the Constitution could be amended.
Judicial Review of Amendments:
Analysis: The Supreme Court has the authority to review the constitutional validity of
amendments.
Relevant Fact: In the case of Minerva Mills v. Union of India (1980), the Supreme Court ruled
that not all parts of the Constitution could be amended, leading to limitations on Parliament's
amending power.
Limitations on Amendment:
Analysis: The limitations on amending the Constitution include the basic structure doctrine,
which restricts alterations to the core principles and values of the Constitution.
Relevant Fact: In the SR Bommai v. Union of India (1994) case, the Supreme Court emphasized
the importance of federalism as a part of the basic structure.
Popular Resistance to Amendments:
Analysis: Some amendments have faced significant public resistance, such as the mass protests
against the 1975 Emergency imposed by the 42nd Amendment.
Relevant Fact: The backlash against the suspension of fundamental rights during the Emergency
demonstrated the importance of protecting the Constitution from arbitrary changes.
Evolving Constitutional Landscape:
Analysis: The amendment process has been used to adapt the Constitution to changing
circumstances. Amendments have introduced provisions like reservations for women in
Panchayati Raj and urban local bodies (73rd and 74th Amendments), and the recognition of
cooperative societies as fundamental to India's socio-economic framework (97th Amendment).
Relevant Fact: These amendments reflect the evolving needs of Indian society and governance.

In conclusion, the amendment of the Indian Constitution is a complex and evolving process, guided
by constitutional provisions, court rulings, and the need to adapt the Constitution to changing
societal and political realities. The limitations imposed by the basic structure doctrine and judicial
review ensure that the core values of the Constitution remain intact.

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