Key Points

The Indian Constitution is considered a living document because it is not static and can be amended and reinterpreted to respond to changing societal needs and circumstances over time.

The Constitution of India is a unique blend of rigidity and flexibility, meaning some parts are difficult to amend to protect its core values, while others can be changed more easily.

Article 368 grants Parliament the power to amend the Constitution by way of addition, variation, or repeal of any provision, following a specific procedure.

Certain articles of the Constitution can be amended by a simple majority of Parliament, similar to an ordinary law. This applies to matters like the creation of new states.

Most constitutional amendments require a special majority, which means a majority of the total membership of each house and a two-thirds majority of members present and voting.

For provisions related to the federal structure, an amendment requires a special majority in Parliament plus ratification by the legislatures of at least half of the states.

Amendments have been made for various reasons, including technical or administrative clarifications, resolving differing interpretations between the judiciary and Parliament, and reflecting political consensus on key issues.

The 38th, 39th, and 42nd Amendments, passed during the internal emergency (1975-77), were highly controversial as they sought to subvert the Constitution's basic principles and limit judicial review.

Known as a 'mini-constitution', the 42nd Amendment made widespread changes, including to the Preamble, and was seen as an attempt by the executive to assert supremacy over the judiciary.

The 43rd and 44th Amendments were passed after the emergency to nullify most of the controversial changes made by the 42nd Amendment and restore the original constitutional balance.

Evolved by the Supreme Court in the Kesavananda Bharati case (1973), this doctrine holds that Parliament cannot amend the 'basic structure' of the Constitution, thus limiting its amending powers.

The Basic Structure Doctrine places the Judiciary as the final authority in deciding if an amendment violates the basic structure and what constitutes it.

The judiciary has played a key role in the Constitution's evolution through interpretation, contributing to informal amendments on issues like reservations (creamy layer) and the right to life.

Many amendments were passed with broad agreement among political parties, such as the 61st Amendment lowering the voting age to 18 and the 73rd and 74th Amendments for local self-government.

The acceptance of the Basic Structure Doctrine by Parliament and political parties reflects the maturity of India's political system in respecting the balance of power and constitutional limits.