Which authority has the power to amend the Constitution of India?

Introduction / Context:

The Constitution of India is a living document that can be amended to respond to changing needs and circumstances. However, this power to amend is given to a specific authority and is subject to particular procedures laid down in the Constitution. For Indian polity examinations, it is fundamental to know who can initiate and pass constitutional amendments. This question asks you to identify the authority empowered to amend the Constitution of India.

Given Data / Assumptions:

• The subject is the power to amend the Constitution of India.
• Options include the Ministry of Defence, Prime Minister's Office, Parliament, SEBI, and the Supreme Court.
• We assume the standard interpretation of Article 368 of the Constitution.

Concept / Approach:

Article 368 of the Constitution of India clearly provides that Parliament may in exercise of its constituent power amend by way of addition, variation, or repeal any provision of the Constitution in accordance with the procedure laid down. This means that the power to amend is vested in Parliament, which acts in its constituent capacity, not as an ordinary legislature. The executive organs such as ministries, the Prime Minister's Office, regulatory bodies like SEBI, or the judiciary do not have the power to enact constitutional amendments, though the Supreme Court can review them for conformity with the basic structure doctrine.

Step-by-Step Solution:

Verification / Alternative check:

To verify, remember that constitutional amendments are passed as Constitutional Amendment Bills in both Houses of Parliament and must be approved by a special majority, and in some cases also ratified by at least half of the state legislatures. This clearly shows that the amending authority is Parliament, not the executive, the judiciary, or any regulatory body. Court judgments like those in Kesavananda Bharati clarify that while Parliament can amend, it cannot alter the basic structure, but this judicial check does not transfer the amendment power to the judiciary; it only limits Parliament's exercise of that power.

Why Other Options Are Wrong:

The Ministry of Defence is part of the Union executive and implements defence policy; it does not pass constitutional amendments. The Prime Minister's Office supports the Prime Minister in his or her executive role and has no independent legislative authority. The Securities and Exchange Board of India is a statutory regulatory body concerned with securities markets. The Supreme Court of India interprets the Constitution and can review amendments, but cannot rewrite or formally amend the text. None of these institutions are granted the power to amend the Constitution under Article 368.

Common Pitfalls:

Some learners may mistakenly think that the Supreme Court amends the Constitution because of its role in reading new rights into existing provisions or striking down parts of amendments that violate the basic structure. However, this is interpretation and judicial review, not formal amendment. Others might confuse the strong political role of the Prime Minister with constitutional amendment power. To avoid such confusion, always connect amendment power with Article 368 and remember that it belongs to Parliament acting with a special majority and, where necessary, ratification by state legislatures.

Final Answer:

The authority that has the power to amend the Constitution of India is the Parliament, acting under Article 368.