Can an amendment to the Constitution of India Cannot be called into question by the Supreme Court of India?
Asked by: Heidi Dooley | Last update: April 17, 2026Score: 4.7/5 (5 votes)
No, that statement is incorrect; the Supreme Court of India can review constitutional amendments for validity, especially after the Kesavananda Bharati case, which established the "basic structure doctrine," holding that Parliament cannot amend the fundamental features or basic structure of the Constitution. While Article 368 grants Parliament amending power, and some amendments tried to limit judicial review (like the 42nd Amendment's attempt in Article 368(4)), the Supreme Court has asserted its power to strike down amendments that violate this core structure.
Can amendment to the Constitution of India Cannot be called into question by the Supreme Court of India?
No High Court shall have the jurisdiction to declare any central law to be constitutionally invalid. An amendment to the Constitution of India cannot be called into question by the Supreme Court of India.
Can the Supreme Court overrule an amendment to the Constitution?
No amendment to the Constitution has ever been ruled unconstitutional by a court. Unlike the uncodified constitutions of many other countries, such as Israel and the United Kingdom, the codified US constitution sets high standards for amendments, but places few limits on the content of amendments.
Can the Indian constitution be amended?
Part-xx Article 368 (1) of the Constitution of India grants constituent power to make formal amendments and empowers Parliament to amend the Constitution by way of addition, variation or repeal of any provision according to the procedure laid down therein, which is different from the procedure for ordinary legislation.
What is a basic feature that cannot be amended in the Indian constitution?
The Supreme Court, in a historic 7:6 majority decision, propounded the basic structure doctrine of the Constitution, which holds that certain fundamental features of the Constitution, such as democracy, secularism, federalism, and the rule of law, cannot be amended by parliament.
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Who cannot amend the Constitution?
But the president cannot repeal part of the Constitution by executive order. And Congress cannot repeal it by simply passing a new bill. Amending the Constitution would require a two-thirds vote in both the House and Senate, and also ratification by three-quarters of the states.
Which of the following features of the Indian Constitution cannot be amended under Article 368?
It has been clarified by the Supreme Court that being a part of the Constitution, the Preamble can be subjected to Constitutional Amendments exercised under article 368, however, the basic structure cannot be altered.
What are the rules for amending the Constitution?
Congress must call a convention for proposing amendments upon application of the legislatures of two-thirds of the states (i.e., 34 of 50 states). Amendments proposed by Congress or convention become valid only when ratified by the legislatures of, or conventions in, three-fourths of the states (i.e., 38 of 50 states).
How many times has the Indian constitution been amended?
As of July 2025, there have been 106 amendments of the Constitution of India since it was first enacted in 1950. The Indian Constitution is the most amended national constitution in the world.
What is the 42nd amendment of the Constitution of India?
The 42nd Amendment granted power to the President, in consultation with the Election Commission, to disqualify members of State Legislatures. Prior to the Amendment, this power was vested in the Governor of the State.
Who can overturn a constitutional amendment?
There are two ways to repeal an amendment. One way is for the proposed amendment to be passed by the House and the Senate with two-thirds majority votes. Then, the proposed amendment would have to be ratified by three-fourths of the states. The second way to repeal an amendment is to have a Constitutional Convention.
Who can overturn a Supreme Court decision?
A Supreme Court decision can be overturned by the Supreme Court itself in a later case (stare decisis), through a constitutional amendment passed by Congress and states, or if Congress passes new legislation to clarify or change the law the Court interpreted (for statutory, not constitutional, rulings). While the Court is the ultimate interpreter of the Constitution, these mechanisms allow for changes in interpretation or law over time.
Can the president remove a state Supreme Court judge?
Article III judges can be removed from office only through impeachment by the House of Representatives and conviction by the Senate. The Constitution also provides that judges' salaries cannot be reduced while they are in office.
Can the Supreme Court overrule a constitutional amendment?
The United States Supreme Court has never invalidated a constitutional amendment on the grounds that it was outside the amending power. It has, however, considered the content of an amendment as presenting a justiciable question.
Which is the most important amendment of the Indian constitution?
Since the 42nd Amendment Act is the most comprehensive amendment of the Indian Constitution, called the 'Mini-Constitution,' candidates can read about it in detail in the linked article.
Can the Supreme Court go against the Constitution?
In 1803, the court asserted itself the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law.
What is an example of a failed amendment?
The first amendment ever proposed. In 1789, Congress approved a proposed amendment regulating the size of the House of Representatives. But the measure—the first in a series of 12—failed to garner enough support among the states.
Who wrote the Indian Constitution?
The authors of the Indian Constitution are B.R. Ambedkar (chairman of the drafting committee), Surendra Nath Mukherjee (chief draftsman of the Constituent Assembly), and B.N. Rau (constitutional advisor to the Constituent Assembly)
What is the process of amendment of the Constitution of India?
An amendment to the Constitution of India can be initiated by an introduction of a bill in the Lok Sabha only. If such an amendment seeks to make changes in the federal character of the Constitution, the amendment also requires to be ratified by the legislature of all the States of India.
What is the Godel loophole?
In his 2012 paper "Gödel's Loophole", F. E. Guerra-Pujol speculates that the loophole is that Article V's procedures can be applied to Article V itself. It can therefore be altered in a "downward" direction, making it easier to alter the article again in the future.
What is the world's most difficult Constitution to amend?
Far from being a badge of honor, the distinction of topping the global charts on constitutional rigidity is cause for alarm. Ancient and virtually impervious to amendment, the United States Constitution has withstood all modern efforts to renovate its outdated architecture on elections, federalism, rights, and beyond.
What are the two rejected amendments?
The two rejected amendments from the original 1789 Bill of Rights were the Congressional Apportionment Amendment (setting rules for House size) and the Congressional Pay Amendment (delaying pay raises until after an election). While the first failed, the second was ratified over 200 years later as the 27th Amendment in 1992.
Which part of the Indian Constitution cannot be amended?
The Elements of the Basic Structure Doctrine are fundamental principles that protect the core of the Constitution, ensuring that its essence remains intact despite amendments. While Parliament has the power to amend various parts of the Constitution, including Fundamental Rights, it cannot alter the 'basic structure.
Can Article 368 amend all parts?
Hence Parliament was invested with the power to amend the Constitution. Article 368 of the Constitution gives the impression that Parliament's amending powers are absolute and encompass all parts of the document.
Is there any part of the Constitution that cannot be amended?
TIL the only thing in the US Constitution that cannot be changed by Amendment is that each state gets 2 Senators. The only way to change it is if the state opts out.