The Parliament of India is endowed with the authority to amend the Constitution through additions, variations, or repeal of its provisions. The process of amending the Constitution can be categorized into three methods based on the type of majority required:
1. Amendment by Simple Majority
- This method is used for amending provisions related to the organization and administration of the Parliament itself, the second schedule, and several other minor provisions. It requires a simple majority, which means a majority of the members present and voting in each House of Parliament.
2. Amendment by Special Majority
- This method is used for amending most provisions of the Constitution.
- It requires a special majority, which is defined as a majority of the total membership of each House and a majority of not less than two-thirds of the members present and voting in each House of Parliament.
3. Amendment by Special Majority and Consent of State Legislatures
- This method applies to provisions that affect the federal structure of the Constitution, such as the distribution of legislative powers between the Union and the states.
- It requires a special majority in each House of Parliament (as outlined above) and the consent of at least half of the state legislatures through a simple majority.
Limitations on Parliament's Constituent Power
- Basic Structure Doctrine: The Parliament's power to amend the Constitution is subject to the constraints set forth by the "basic structure" doctrine established by the Supreme Court of India in the landmark case of Keshavananda Bharati v. State of Kerala (1973). According to this doctrine, the Parliament cannot amend the basic features of the Constitution.
- Minerva Mills Case: The Supreme Court reaffirmed the basic structure doctrine in Minerva Mills v. Union of India (1980), emphasizing that any amendment violating the basic structure of the Constitution would be invalid.
State Legislature's Role
While the power to amend the Constitution rests primarily with the Parliament, the state legislatures do have a role in certain amendments that affect their interests. Additionally, a state legislature can pass a resolution requesting the Parliament to create or abolish its legislative council, which would lead to an amendment of the Constitution.
In summary, the Parliament of India holds significant power to amend the Constitution, but it must do so within the constraints set by the basic structure doctrine and, in certain cases, with the consent of the states.