Examine the limitations in amending any part of the Indian constitution.

Topic: Basic Structure, Amendment of constitution

1. Examine the limitations in amending any part of the Indian constitution. (250 words)

Reference:  Indian polity by Lakshmikant

Why the question:

The question is based on the basic structure concept and the amend ability of Indian constitution.

Key Demand of the question:

One is expected to discuss the limitations in amending any part of the Indian constitution.

Directive:

Examine – When asked to ‘Examine’, we must look into the topic (content words) in detail, inspect it, investigate it and establish the key facts and issues related to the topic in question. While doing so we should explain why these facts and issues are important and their implications.

Structure of the answer:

Introduction:

In the introduction explain what is meant by amend ability of Indian constitution. Amending the Constitution of India is the process of making changes to the nation’s fundamental law or supreme law. The procedure of amendment in the constitution is laid down in Part XX (Article 368) of the Constitution of India. This procedure ensures the sanctity of the Constitution of India and keeps a check on arbitrary power of the Parliament of India.

Body:

Explain that the Constitution can be amended any number of times by the Parliament; but only in the manner provided. There is no such limit provided in the constitution of India which allows it to enact only certain number of amendments in a year.

In other words, Parliament is free to enact any number of constitutional amendments in any given year. Although Parliament must preserve the basic framework of the Constitution, there is no other limitation placed upon the amending power, meaning that there is no provision of the Constitution that cannot be amended.

Discuss then the procedure and the limitations thereof.

Conclusion:

Conclude by highlighting the significance of these limitations set by our constitutional makers.