Like any other
written Constitution the constitution of India also provides for its amendment
in order to adjust itself to the changing conditions and needs. However, the
procedure laid down for its amendment in order to adjust itself to the changing
conditions and needs. However, the procedure laid down for its amendment is
neither as easy as in Britain nor as difficult as in USA. In other words, the
Indian Constitution is neither flexible nor right but a synthesis of both.
Article 368 in Part XX of the Constitution deals with the
powers of Parliament to amend the Constitution and its procedure. It states
that the Parliament may, in exercise of its constituent power, amend by way or
addition, variation or repeal any provision of the Constitution in accordance with
the procedure laid down for the purpose. However, the Parliament cannot amend
those provisions which form the ‘basic structure’ of the constitution. This was
ruled by the Supreme Court in the Kesavananda Bharati case¹ (1973).
PROCEDURE FOR
AMENDMENT