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Home / CDS / OTA Study Material / Polity / Amendment Procedure - Article 368
CDS / OTA · Polity

Amendment Procedure - Article 368

Article 368, the three methods of amending the Constitution, the basic structure doctrine and every fact a CDS aspirant must memorise.

⏱ 13 min read ★ Graduate / CDS level ✓ Exam-ready notes By The Cavalier
🎯 What you'll learn
  • Article 368 and the meaning of constitutional amendment
  • The three methods: simple majority, special majority, and special majority plus state ratification
  • Landmark cases from Shankari Prasad to Kesavananda Bharati
  • The basic structure doctrine and frequently asked PYQ facts

The amendment procedure decides how India's Constitution can be changed to keep pace with a growing nation. For CDS and OTA Polity this is a high-yield, fact-dense topic: examiners love testing Article 368, the three methods of amendment, and the famous basic structure doctrine. This page explains every rule in plain language with solved questions.

Why the Amendment Procedure Matters in CDS Polity

A Constitution must be stable enough to command respect yet flexible enough to adapt to changing times. The framers of the Indian Constitution struck this balance by making it partly rigid and partly flexible — some provisions can be changed easily, while others need an elaborate procedure. The single article that lays down this machinery is Article 368 in Part XX of the Constitution.

For a defence aspirant this topic recurs almost every year because it neatly combines law, history and reasoning. Examiners ask which method applies to a particular provision, which majority is needed, and which landmark judgment shaped the doctrine of basic structure. A clear mental map of the three methods is therefore worth several marks.

The practical idea is simple: Parliament is powerful but not unlimited. It can amend the Constitution, yet it cannot destroy the framework on which the Constitution rests. That tension — power versus limits — is the heart of every question on this topic.

Key point

Article 368 in Part XX deals with the power of Parliament to amend the Constitution and the procedure for it. India borrowed this idea of a written amending clause largely from the South African model of a partly rigid, partly flexible Constitution.

What an Amendment Actually Means

An amendment is a formal change — an addition, variation or repeal — made to the text of the Constitution by following the procedure laid down in Article 368. It is different from ordinary law-making because the Constitution is the supreme law and changing it carries higher importance.

The power to amend is given only to Parliament; state legislatures cannot initiate a constitutional amendment (except a small role in proposing the abolition or creation of legislative councils). An amendment can be introduced in either House of Parliament — the Lok Sabha or the Rajya Sabha — and not only by a minister but also by a private member.

Remember

A constitutional amendment Bill does not require the prior recommendation of the President to be introduced, unlike a Money Bill. Also, there is no provision for a joint sitting if the two Houses disagree — both Houses must pass it separately.

The General Procedure Under Article 368

Whatever the method, every amendment broadly follows these steps. Learn the sequence as a chain:

  1. A Bill to amend the Constitution is introduced in either House of Parliament.
  2. It must be passed in each House separately by the required majority — there is no joint sitting.
  3. If the amendment seeks to change the federal provisions, it must also be ratified by the legislatures of at least half the states by a simple majority.
  4. After being duly passed, the Bill is presented to the President, who must give assent — the President can neither withhold assent nor return the Bill for reconsideration.
Common mistake

Many candidates think the President has a choice on amendment Bills. Since the 24th Amendment Act, 1971, the President is bound to give assent to a constitutional amendment Bill. The discretion that exists for ordinary Bills does not apply here.

Also note that an amendment Bill cannot be introduced in a state legislature, and the Constitution lays down no special body or convention for amendments — the ordinary legislative machinery of Parliament does the job. This makes the Indian procedure simpler than the American one, which needs ratification by three-fourths of the states.

Remember

India deliberately avoided an over-rigid amending process so that the Constitution could grow with the nation.

Method 1: Amendment by Simple Majority

A number of provisions can be amended by a simple majority of the members present and voting in each House — the same majority needed to pass an ordinary law. Crucially, these amendments are made outside the scope of Article 368 and are therefore not even counted as formal constitutional amendments.

Provisions amendable by simple majority include:

  • Admission or establishment of new states (Article 2) and formation of new states, alteration of areas, boundaries or names (Article 3).
  • Abolition or creation of Legislative Councils in states.
  • Citizenship-related provisions, salaries and allowances, quorum, rules of procedure, and use of official languages in some respects.
Exam tip

Reorganising a state — like creating Telangana in 2014 — needed only a simple majority under Article 3, not the elaborate Article 368 procedure. PYQs love this point.

Method 2: Amendment by Special Majority

The majority of the provisions of the Constitution are amended by a special majority of Parliament under Article 368. This special majority has two simultaneous conditions:

Key point

Special majority means a Bill must be passed in each House by:
(a) a majority of the total membership of that House (more than 50% of all seats, whether present or not), AND
(b) a majority of two-thirds of the members of that House present and voting.

Both conditions must be satisfied together. Provisions amended this way include the Fundamental Rights, the Directive Principles of State Policy, and all other parts not covered by the first or third methods.

Common mistake

The ‘total membership’ means the total sanctioned strength of the House, including vacant seats — not just the members who turn up. Confusing ‘present and voting’ with ‘total membership’ is a classic error.

Method 3: Special Majority Plus State Ratification

The most rigid method is reserved for provisions that touch the federal structure. Here a Bill needs the special majority in Parliament and ratification by the legislatures of not less than half of the states by a simple majority. There is no time limit within which states must ratify.

Provisions requiring this method include:

  • Election of the President and its manner.
  • Extent of the executive power of the Union and the states.
  • The Supreme Court and High Courts.
  • Distribution of legislative powers between the Centre and states — the Seventh Schedule and the lists in it.
  • Representation of states in Parliament.
  • Article 368 itself.
Remember

Only half the states (not two-thirds) need to ratify, and they ratify by a simple majority, not a special one. Once half the states agree, the requirement is met — the rest need not respond.

Worked Example: Calculating a Special Majority

Numerical questions on majorities are easy marks once you fix the two rules. Let us work one out for the Lok Sabha.

Worked example

The Lok Sabha has a total strength of 545 members. On a constitutional amendment Bill, suppose 450 members are present and all of them vote. What is the minimum number of ‘yes’ votes required to pass the Bill?

Condition (a): majority of TOTAL membership = more than 50% of 545 = at least 273 votes Condition (b): two-thirds of members PRESENT and voting = (2 ÷ 3) × 450 = 300 votes Both conditions must be met together. Higher of the two = 300. Minimum ‘yes’ votes required = 300

Notice that the two-thirds-present figure (300) is higher than the total-membership figure (273), so the Bill needs 300 votes here. Always compute both and take the stricter one.

From Shankari Prasad to Golak Nath

The big legal question was: can Parliament amend the Fundamental Rights? The courts answered differently over time, and CDS examiners track this journey.

  • Shankari Prasad case (1951): The Supreme Court held that the power to amend under Article 368 includes the power to amend Fundamental Rights. The word ‘law’ in Article 13 did not include a constitutional amendment.
  • Sajjan Singh case (1965): The Court again upheld that Parliament can amend any part of the Constitution, including Fundamental Rights.
  • Golak Nath case (1967): The Court reversed its earlier view, ruling that Parliament cannot amend Fundamental Rights to take away or abridge them.
Exam tip

To break the Golak Nath ruling, Parliament passed the 24th Amendment Act, 1971, declaring that it has the power to amend any part of the Constitution, including Fundamental Rights, and that the President must assent to such Bills.

Kesavananda Bharati and the Basic Structure Doctrine

The turning point came in the Kesavananda Bharati case (1973). A 13-judge bench — the largest ever — laid down the celebrated basic structure doctrine.

Key point

In Kesavananda Bharati (1973), the Supreme Court held that Parliament can amend any part of the Constitution including Fundamental Rights, but it cannot alter the ‘basic structure’ of the Constitution.

The Court did not give a fixed list, but over the years features recognised as part of the basic structure include: supremacy of the Constitution, the republican and democratic form of government, secularism, separation of powers, federalism, judicial review, the rule of law, and free and fair elections.

This doctrine was reaffirmed in later cases such as the Minerva Mills case (1980), which struck down parts of the 42nd Amendment for violating the basic structure and the balance between Fundamental Rights and Directive Principles.

Remember

The basic structure doctrine is a creation of the judiciary, not of any written article. It is the chief judicial check that prevents Parliament from using Article 368 to destroy the Constitution's core.

Landmark Amendments Worth Memorising

A few amendment Acts are repeatedly tested. Learn their one-line significance:

  • 1st Amendment (1951): Added the Ninth Schedule to protect land-reform laws from judicial review.
  • 24th Amendment (1971): Affirmed Parliament's power to amend any part, including Fundamental Rights; made President's assent compulsory.
  • 42nd Amendment (1976): The ‘Mini-Constitution’; added the words Socialist, Secular and Integrity to the Preamble and Fundamental Duties.
  • 44th Amendment (1978): Removed the Right to Property as a Fundamental Right.
  • 61st Amendment (1989): Reduced the voting age from 21 to 18 years.
  • 73rd and 74th Amendments (1992): Gave constitutional status to Panchayats and Municipalities.
Exam tip

The 42nd Amendment is the most amended-about topic of all — remember it as the ‘Mini-Constitution’ that altered the Preamble during the Emergency.

Previous-Year Style Question

Previous-year style question

Q. Which one of the following is required for an amendment that changes the distribution of legislative powers between the Centre and the states?

Answer: Such an amendment touches the federal structure, so it follows the third method — a special majority in Parliament plus ratification by the legislatures of at least half of the states by a simple majority. A simple majority alone, or a special majority without state ratification, would be insufficient.

Notice how the examiner tests whether you can match a provision to the correct method. Always ask first: does this provision affect federal relations? If yes, the third (most rigid) method applies.

Quick Revision

60-second recap
  • Article 368 in Part XX governs amendments; the President must assent (24th Amendment).
  • Three methods: simple majority (outside 368), special majority, and special majority plus ratification by half the states.
  • Special majority = majority of total membership AND two-thirds of those present and voting.
  • Federal provisions (President's election, Supreme Court/High Courts, Seventh Schedule, Article 368) need state ratification.
  • Kesavananda Bharati (1973) gave the basic structure doctrine — Parliament cannot destroy the Constitution's core.
  • Remember 42nd (Mini-Constitution), 44th (property right removed) and 61st (voting age 18) amendments.

Frequently asked questions

Which article deals with the amendment of the Indian Constitution?

Article 368 in Part XX of the Constitution deals with the power of Parliament to amend the Constitution and the procedure to do so. Some provisions, however, can be amended by a simple majority outside the scope of Article 368.

What is meant by special majority for a constitutional amendment?

A special majority requires a Bill to be passed in each House by a majority of the total membership of that House and also by a two-thirds majority of the members present and voting. Both conditions must be met simultaneously.

What is the basic structure doctrine?

Laid down in the Kesavananda Bharati case (1973), it holds that Parliament can amend any part of the Constitution, including Fundamental Rights, but cannot alter or destroy its basic structure, such as supremacy of the Constitution, secularism, federalism and judicial review.

Does the President have any choice in assenting to an amendment Bill?

No. Since the 24th Amendment Act of 1971, the President is bound to give assent to a constitutional amendment Bill and cannot withhold assent or return it for reconsideration.

Which amendments require ratification by the states?

Amendments affecting federal provisions, such as the election of the President, the Supreme Court and High Courts, distribution of legislative powers, the Seventh Schedule and Article 368 itself, must be ratified by the legislatures of at least half the states by a simple majority.

Keep going
Constitutional History and Making of the Constitution →Preamble, Key Terms and Basic Structure Doctrine →Citizenship Acts and Overseas Citizens →Fundamental Rights - Equality and Protections →Fundamental Rights - Liberty, Life and Education →Fundamental Rights - Legal Remedies and Writs →

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