Description

This article outlines the process and conditions for amending the Indian Constitution. 

1. Constitutional Amendment Power:

   • Parliament’s Power: Despite anything in the Constitution, Parliament has the power to amend the Constitution through its constituent power. Amendments can involve additions, changes, or repeals of any part of the Constitution, following the procedure prescribed in this article.

2. Amendment Procedure:

   • Initiation of Amendment: Amendments begin by introducing a Bill in either House of Parliament.
   • Passage of Bill: The Bill must pass in both Houses of Parliament. It requires:
     • A majority of the total membership of each House.
     • A two-thirds majority of the members present and voting in each House.
   • President’s Assent: After the Bill passes in both Houses, it is presented to the President for assent. Once the President gives assent, the Constitution is amended according to the Bill’s terms.

3. Ratification by States:

   • If the amendment affects:
     • Certain articles like Articles 54, 55, 73, 162, 241.
     • Chapters of Parts V, VI, and XI (governance, administration, and relations between the Union and States).
     • Seventh Schedule (the Union and State Lists).
     • Representation of States in Parliament.
   • Then the amendment must be ratified by at least half of the States through resolutions before the Bill is presented to the President.

4. Exemption from Article 13:

   • Article 13 Exemption: Any amendment made under this article is not subject to the provisions of Article 13, which deals with the judicial review of laws inconsistent with fundamental rights.

5. No Judicial Review of Constitutional Amendments:

   • No Court Challenge: No amendment made under this article (including amendments to Part III, which deals with Fundamental Rights) can be challenged in any court on any grounds.
   • This was emphasized by adding clauses (4) and (5) through the 42nd Amendment (1976), but they were later declared invalid by the Supreme Court in the Minerva Mills case (1980), ruling that while Parliament has the power to amend the Constitution, it is not without limits.

6. No Limitation on Power:

   • Parliament’s constituent power to amend the Constitution, through this article, is declared to be unlimited—it can add, modify, or repeal provisions as it sees fit, without any restrictions. However, the Supreme Court’s decision in 1980 invalidated parts of this, particularly the notion of unlimited power.