UGC Approved Journal no 63975(19)
New UGC Peer-Reviewed Rules

ISSN: 2349-5162 | ESTD Year : 2014
Volume 12 | Issue 10 | October 2025

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Volume 12 Issue 2
February-2025
eISSN: 2349-5162

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JETIR2502201


Registration ID:
555110

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c1-c5

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Title

Legal Framework on Constitutional Amendments: A Case Study of the Amending Power of the Parliament of India

Abstract

The power of Parliament to amend the Constitution of India is a pivotal aspect of the country's legal framework that ensures adaptability and responsiveness to changing social, political, and economic contexts. This study explores the intricacies of the amending power under Article 368 of the Indian Constitution, which delineates the processes and limitations of constitutional amendments. Through a case study approach, the analysis highlights landmark Supreme Court judgments that have shaped the scope and interpretation of the amending power, notably the Kesavananda Bharati case, which established the "basic structure doctrine," positing that certain fundamental features of the Constitution cannot be altered or destroyed by amendments. By critically assessing both the capabilities and constraints of parliamentary amending power, this study elucidates the dynamic tension between flexibility and stability in the Indian constitutional framework, underscoring the essential role of amendments in fostering constitutional evolution. This abstract encapsulates the significance of understanding the legal framework surrounding constitutional amendments in India, revealing the challenges and opportunities it presents for governance and legal integrity. The legal framework governing constitutional amendments in India is a complex and essential mechanism that ensures the Constitution's relevance in a dynamic socio-political environment. The abstract provides a comprehensive analysis of the amending power of the Parliament as articulated in Article 368 of the Indian Constitution and examines its implications through a case study approach. Beyond the analysis of judicial precedents, this research investigates the practical implications of parliamentary amendments in shaping contemporary Indian governance and addressing societal issues. It considers case studies of major amendments, such as the 73rd and 74th Amendments, which empowered local self-governments, and the 42nd Amendment, often referred to as the "mini-Constitution," which sought to expand parliamentary authority but was later critiqued for overreach.

Key Words

Basic structure doctrine, challenges, complex, implications, Mini-Constitution.

Cite This Article

"Legal Framework on Constitutional Amendments: A Case Study of the Amending Power of the Parliament of India", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.12, Issue 2, page no.c1-c5, February-2025, Available :http://www.jetir.org/papers/JETIR2502201.pdf

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2349-5162 | Impact Factor 7.95 Calculate by Google Scholar

An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 7.95 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator

Cite This Article

"Legal Framework on Constitutional Amendments: A Case Study of the Amending Power of the Parliament of India", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.12, Issue 2, page no. ppc1-c5, February-2025, Available at : http://www.jetir.org/papers/JETIR2502201.pdf

Publication Details

Published Paper ID: JETIR2502201
Registration ID: 555110
Published In: Volume 12 | Issue 2 | Year February-2025
DOI (Digital Object Identifier):
Page No: c1-c5
Country: Imphal West, Manipur, India .
Area: Engineering
ISSN Number: 2349-5162
Publisher: IJ Publication


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