CJI D.Y. Chandrachud recently called the Basic Structure Doctrine the "North Star" guiding India. With 106 successful amendments, Article 368 balances legislative agility with strict procedural and substantive hurdles.

Article 368: Limitations on Amending Power

Procedural Limitations on Amending Power

1. Strict Special Majority: Passage requires two-thirds of members present and voting, preventing transient majorities from casually altering constitutional text.
2. Real-world Defeat: This strict hurdle was exposed when the Constitution (131st Amendment) Bill, 2026 failed to secure the two-thirds mandate in the Lok Sabha.
3. Mandatory State Ratification: Altering federalism requires 50 percent state legislative approval, successfully navigated by the 106th Amendment Act, 2023 (women's reservation).
4. No Joint Sitting: Deadlocks cannot be resolved via joint sittings, forcing independent consensus building in the Rajya Sabha.
5. Exclusive Union Initiation: State assemblies cannot initiate amendment bills, procedurally centralising constitutional power within Parliament.
6. Mandatory Assent: The 24th Amendment (1971) obligates Presidential assent, removing executive vetoes but finalising the legislative hurdle.
7. Implicit State Checks: Altering state boundaries (Article 3) mandates prior consultation with affected state legislative assemblies.

Substantive Limitations on Amending Power

1. Basic Structure Barrier: Marking its 50th anniversary in 2023, the Kesavananda Bharati doctrine restricts Parliament from altering the fundamental constitutional framework.
2. Electoral Integrity: In the Electoral Bonds Case (2024), the Supreme Court ruled that legislative amendments cannot undermine the basic structure of free and fair elections.
3. Core Federalism: The Delhi v. Union of India (2023) judgment affirmed the Union cannot use legislative power to arbitrarily subsume state authority.
4. Temporary Provisions: The Article 370 Judgment (2023) clarified that temporary asymmetric federalism provisions are not unamendable basic structure limits.
5. Judicial Independence: Invalidation of the 99th Amendment (NJAC) proved that the separation of powers is a non-negotiable substantive boundary.
6. Nullifying Immunities: The I.R. Coelho (2007) verdict subjected Ninth Schedule laws added post-1973 to substantive judicial review.
7. Rights-Directives Harmony: Minerva Mills (1980) held that amendments destroying the balance between Parts III and IV are substantively void.
8. Global Migration: Validating this substantive check, India's Basic Structure concept has recently been adopted by courts in Uganda and Bangladesh.

By anchoring legislative power to the basic structure, India ensures its Constitution remains an adaptable, living document capable of evolving without losing its foundational democratic soul.