Article 368 (Part X

Article 368 empowers Parliament to amend the Constitution, but this power is constituent, not absolute. In Kesavananda Bharati, the Supreme Court rejected the view that Parliament enjoys unlimited amending authority. It held that while Parliament may amend any provision, including Fundamental Rights, it cannot alter the Constitution’s basic structure. This doctrine was later reinforced in Minerva Mills v. Union of India (1980), where amendments giving Parliament unlimited power were struck down for destroying judicial review and constitutional balance. Judicial review of constitutional amendments is thus implicit in Article 368. The Court reasoned that without such limits, the Constitution would lose its identity and supremacy, reducing it to a mere political document amendable at will by transient majorities.