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Introduction and Context
Why the Amendment Power Matters
The power to amend the Constitution and the limits on that power represent one of the most contested domains in Indian constitutional law. The Basic Structure Doctrine, born out of a nine-year judicial contest between the Supreme Court and Parliament, is India's unique contribution to comparative constitutional theory. No other democracy has developed such a doctrinal check on the amending power through judge-made law.
A rigid constitution that cannot be amended becomes obsolete. A flexible constitution that can be easily changed may be distorted for partisan purposes. Article 368 tries to balance these concerns by requiring a special majority — preventing hasty or partisan amendments while allowing necessary change.
Examination Angles for RPSC 2026
For the RPSC 2026 exam, this topic carries two distinct angles:
- Doctrinal: Basic Structure, amendment procedure, key cases
- Factual: Specific amendments — their numbers, years, contents
Both can yield 5-mark questions. 10-mark questions typically ask for a critical analysis.
