The document discusses the amending provisions in the Indian constitution. It notes that no constitution is complete without amendment and that amendment allows future generations to adapt the constitution to their needs. It outlines the genesis of amendment provisions in India, defines key terms, and describes the different modes and types of amendments. It also summarizes several important Supreme Court cases related to limitations on constitutional amendments, including the establishment of the basic structure doctrine.

1. RAHUL GAUR

2. INTRODUCTION
No written constitution is complete without amending
provisions in some respects. The amending provisions
is the most important part of the constitution James
wilford garner wrote in his book “An unamending
constitution is the worst tyranny of time.” a
constitution is a system of fundamental laws or
principles for the governance of a nation. This
constitution usually states the general principles and
framework of the law and government. The amending
provisions in written constitution gives chance to
successive generations to grow it as per their needs.

3. INTRODUCTION CONTD…
Amending of the constitution is made with a view to
overcome the difficulties which may encounter in
future in the wrong of the constitution. The
constitution of India is a result of socio economic and
political factors which existed at the time of its
formation these factors are dynamic and not static.
The socio economic problems are more complex today
than in problems are more complex then in mid
century. The changes in the economic philosophy of a
state may necessitate amendment in the constitution.

4. GENIS AND GROWTH
Right at the beginning of the constitution making
exercise, there was serious concern in the constituent
assembly about determining whether amending
procedure should have some rigidity and if so to what
extent. The process of formulating draft constituent
began with a questionnaire and draft proposal for
amendment prepared by B.N.RAU and circulated to
the members on march 17,194. K.M.Munshi and also
supported and justified Raus proposal.DR
B.R.Ambedkar also supported the same. Finally they
added it in the article 368 of the Indian constitution.

5. DEFINITION
 As per in case of Sajjan singh vs. state of Rajasthan,
“the amendment provision of constitution may include
the deletion of anyone or more of its provisions and
substitution in their place of new provisions.
 In case of Keshavanbda bharati vs. state of kerela, “In
amendment only major changes or improvements can
be made and not includes total repeal of the provisions
already existing in this constitution.

6. POWER TO AMEND THE
CONSTITION
 Article 368 as originally stood was titled as, “it conferred
from on the union parliament to amend the constitution.”
the constitution (24th amendment) act,1971 subsists the
original art 368. the title is replaced by new title, “power to
amend the constitution and procedure therefore.”
 The constitution 42nd amendment act,1976 further
amended art 368 in the effect declaring, “the constituent
power of parliament absolute” and excluding interference
by the court in exercise of the power on any ground.
Supreme court struck down clause 4 and 5 of art 368 as it
destroyed the basic structure of constitution in case of
Minerva mills vs. union of India 1980.

7. MODES OF AMENDING
 By simple majority
A art can be amended as any ordinary law
 By special majority
2/3 members of parliament pass the bill by each house
and minimum 2/3 members should be present.
 By special majority with ratification
Same as special majority but with the consent of
minimum half of the state to bring the change.

8. TYPES OF CONSTITUTIONAL
LIMITATIONS
 EXPRESS LIMITATION
 IMPLIED LIMITATAION

9. EXPRESS LIMITATION
When parliament or legislature without directly
pointing out on any particular case decided by the
supreme court. As the 24th amendment act of the
constitution, it directly imposes the obstacle of express
limitation which was imposed through the verdict in
the Golak nath case.

10. IMPLIED LIMITATION
As given under the art 368 of the constitution the
legislature has the power to amend the constitution.
Which empowers the parliament to amend the
constitution. So this art implied that the parliament
can bring change in the constitution of India.

11. CASE LAWS
 Shankri prasad vs. union of india AIR1951
In this case the supreme court of India said the
parliament has the power to amend any part of the
constitution without any limitation.
(no limitation on the power of constitutional
amendment)
 Golak nath vs. State of punjab AIR1965
In this case supreme court held that the parliament
has no power to amend the fundamental rights under
part 3 of the Indian constitution.
(restriction on the constitutional amendment)

12. CASE LAW
 Keshavanda bharati vs. State of Kerala AIR1973
In this case the supreme court held that the parliament
can amend the constitution other than the basic
structure of the Indian constitution. The doctrine was
evolved in this case.
 Vaman rao vs union of India
In this case the supreme court held that before 23 April
1973 doctrine of limitation will not impose on any law
but laws made after this date will come in the sphere of
this doctrine.

13. CASE LAW
 I.R.Coleho vs. public service commissioner
In this case the supreme court included all the laws
irrespective of their formation in the field of this
doctrine. And all the laws are subject to judicial review.

14. CONCLUSION
The framers of the constitution were keen to bring about
socio economic revolution in free India through
constitutional means and constitution was to serve as a
vehicle or social change.
In I.R.Coelho case the SC has rightly concluded that the
parliament power of amendment is subject to judicial
review of the court,and hence the doctrine of
Limitation on constitutional amendment scope was
extended which was first evolved in the case of Golak
nath.