Introduction

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Article 368 of the Indian Constitution is a pivotal clause that governs the process of constitutional amendments. This article stipulates that the Parliament has the power to amend the Constitution, albeit with certain restrictions due to the BASIC STRUCTURE DOCTRINE. The following discussion delves into the details of Article 368, the mechanisms for constitutional changes, and the implications of the Basic Structure Doctrine.

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Understanding Article 368 of the Indian Constitution

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Article 368 is arguably one of the most significant articles of the Indian Constitution. It delineates the process by which amendments can be made to the Constitution of India. Specifically, the article outlines two categories of amendments:

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Simple Majority Amendments

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Some constitutional amendments can be passed by a simple majority of the members present and voting in both Houses of Parliament. These amendments are less stringent and require a straightforward legislative process. However, they must still adhere to the principles and values laid down in the Constitution, particularly those enshrined in the Basic Structure Doctrine.

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Special Majority Amendments

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Other amendments necessitate a more robust approval process, often referred to as a special majority. This requires a two-tier majority: a majority of the total membership of both Houses and a majority of the votes cast by those present and voting. Such amendments are typically more significant and require a consensus among a larger portion of the legislative body.

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The Basic Structure Doctrine and Its Implications

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The BASIC STRUCTURE DOCTRINE, first established by the Supreme Court of India in the landmark case of Kesavananda Bharati v. State of Kerala in 1973, asserts that while the Parliament retains the power to amend the Constitution under Article 368, it cannot alter or destroy the fundamental features of the Constitution. These foundational principles include:

r r r Sovereignty of the Constitutionr Rule of lawr Separation of powersr Fundamental rights of citizensr r r

The Basic Structure Doctrine acts as a guardrail, ensuring that no amendment can undermine the essential nature of the Indian Constitution. This principle underscores the importance of preserving the integrity and core values of the nation's founding document.

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Historical Context and Legal Precedents

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One historical example involves Indira Gandhi, who amended Article 329 of the Constitution. She inserted a clause endorsing the President, Vice President, Prime Minister, and Speaker of the Lok Sabha as immune from challenges in electoral disputes in the courts. This amendment was scrutinized and upheld by the Supreme Court, which highlighted the importance of judicial review in the context of constitutional amendments.

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The JUDICIAL REVIEW mechanism allows the judiciary to review the constitutionality of legislative acts and the validity of constitutional amendments. The Supreme Court serves as the final arbiter in such matters, ensuring that any amendment aligns with the basic structure of the Constitution.

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The Supreme Court’s Role

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The Supreme Court, which is the highest judicial authority in India, plays a crucial role in interpreting and upholding the Basic Structure Doctrine. In the 1973 case of Kesavananda Bharati, the Supreme Court affirmed that the Constitution's basic structure cannot be violated by any legislative act or executive resolution. This decision established the principle that while the Parliament has the power to amend the Constitution, certain foundational features remain inviolable.

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It is worthy to note that although the Supreme Court cannot be directly amended, it can guide and interpret the extent of the Parliament's amending powers. The Court can determine what aspects of the Constitution fall under the basic structure, thereby shaping the process of constitutional change.

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Conclusion

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In conclusion, Article 368 of the Indian Constitution establishes the framework for constitutional amendments, but the BASIC STRUCTURE DOCTRINE adds a critical layer of protection. The Basic Structure Doctrine ensures that fundamental principles are not altered, thus safeguarding the essential character of the nation's founding document. As the Indian Constitution continues to evolve, the balance between amending power and constitutional stability remains a dynamic and ever-present concern.