A constitution must be able to change with time, but it should not be so easy to change that a passing majority can rewrite it. The Indian Constitution strikes a balance through Article 368, which lays down how it can be amended. Some parts can be changed by a simple majority, some need a special majority, and some also need the approval of half the States. Exams ask about these methods, the role of the President and the famous court cases. This post explains them in simple words. It ends with 15 previous year questions.
Key Points (Quick Revision)
- The amendment procedure is in Article 368, in Part XX of the Constitution.
- The idea of a special amendment procedure was borrowed from South Africa.
- An amendment bill can be introduced only in Parliament, not in a State Legislature.
- There is no joint sitting for an amendment bill.
- The 24th Amendment (1971) made it compulsory for the President to give assent.
1. Three ways to amend the Constitution
| Method | What it needs | Examples |
|---|---|---|
| Simple majority of Parliament (outside Article 368) | Majority of members present and voting, like an ordinary law | Formation of new States (Articles 2, 3, 4), creation or abolition of Legislative Councils, citizenship, quorum, salaries of MPs |
| Special majority of Parliament | Majority of total membership and two-thirds of members present and voting, in each House | Fundamental Rights, Directive Principles and most other provisions |
| Special majority + ratification by half the States | Special majority in Parliament, then approval by at least half the State Legislatures by simple majority | Election of the President, Supreme Court and High Courts, distribution of legislative powers, Seventh Schedule, representation of States in Parliament, Article 368 itself |
2. Procedure under Article 368
- An amendment bill can be introduced in either House of Parliament, but not in a State Legislature.
- It can be introduced by a minister or a private member, and does not need the President's prior permission.
- Each House must pass it separately by a special majority.
- If the Houses disagree, there is no joint sitting - the bill fails.
- If the bill touches federal provisions, it must be ratified by half the States. There is no time limit for this.
- The bill then goes to the President, who must give assent. The President can neither withhold assent nor return the bill.
3. Role of the States
States have a limited but important role:
- They cannot start an amendment.
- For federal matters, half the States must ratify, which protects the federal balance.
- The only thing a State Legislature can start is a resolution for creating or abolishing a Legislative Council (Article 169), which Parliament then acts on by simple majority.
4. Can Parliament amend Fundamental Rights?
| Case / Amendment | Year | What it held |
|---|---|---|
| Shankari Prasad case | 1951 | Parliament can amend Fundamental Rights |
| Golaknath case | 1967 | Parliament cannot amend Fundamental Rights |
| 24th Amendment | 1971 | Parliament can amend any part, including Fundamental Rights; President must assent |
| Kesavananda Bharati case | 1973 | Parliament can amend any part, but cannot change the basic structure |
| Minerva Mills case | 1980 | Struck down clauses added by the 42nd Amendment that tried to put amendments beyond court review |
5. The basic structure limit
The Kesavananda Bharati case (1973), heard by a 13-judge bench, decided by a 7:6 majority that Parliament's power to amend is wide but not unlimited. Features such as supremacy of the Constitution, democracy, federalism, secularism, separation of powers and judicial review form the basic structure and cannot be destroyed by amendment.
Courts can therefore review a constitutional amendment and strike it down if it violates the basic structure, as happened with the NJAC amendment in 2015.
6. Criticism of the procedure
- There is no special body, such as a constitutional convention, for amendments.
- Most of the Constitution can be amended by Parliament alone; States have a say only in some matters.
- There is no time limit for States to ratify.
- If the Houses disagree, there is no way to break the deadlock.
Still, the procedure has proved flexible yet stable: more than a hundred amendments have been made, while the core of the Constitution remains protected.
7. Rigid or flexible?
The Indian Constitution is described as partly rigid and partly flexible. Unlike the US Constitution, which is very hard to amend, or the British system, where Parliament can change anything by ordinary law, India uses a middle path - different methods for different provisions.
8. Previous year questions
- Which Article deals with the amendment of the Constitution? – Article 368
- In which Part of the Constitution is Article 368? – Part XX
- From which country was the amendment procedure borrowed? – South Africa
- Can an amendment bill be introduced in a State Legislature? – No
- Is the President's prior permission needed to introduce an amendment bill? – No
- Is a joint sitting allowed for a constitutional amendment bill? – No
- What is a special majority under Article 368? – Majority of total membership and two-thirds of members present and voting
- How many States must ratify an amendment on federal matters? – At least half
- Which amendment made it compulsory for the President to assent to amendment bills? – 24th Amendment, 1971
- Which case held that Parliament cannot amend Fundamental Rights? – Golaknath case, 1967
- Which case gave the basic structure doctrine? – Kesavananda Bharati case, 1973
- By what majority was the Kesavananda Bharati case decided? – 7:6
- Which case struck down clauses (4) and (5) of Article 368? – Minerva Mills case, 1980
- Formation of new States can be done by which majority? – Simple majority of Parliament
- Can a private member introduce a constitutional amendment bill? – Yes
9. How to revise this topic
Start with the basics: Article 368, Part XX, borrowed from South Africa.
Next, learn the three methods: simple majority (outside 368), special majority, and special majority with ratification by half the States - with two examples of each.
Then fix the procedure rules: only in Parliament, minister or private member, no prior permission, no joint sitting, President must assent (24th Amendment).
Finally, remember the cases: Shankari Prasad 1951, Golaknath 1967, Kesavananda 1973 (7:6, basic structure), Minerva Mills 1980.
10. Frequently Asked Questions
Which Article deals with amendment of the Constitution?
Article 368, in Part XX of the Constitution, lays down the power of Parliament to amend the Constitution and the procedure for it.
What are the types of amendments in India?
Some provisions can be amended by a simple majority of Parliament, most need a special majority, and federal provisions need a special majority plus ratification by at least half the States.
Can the President refuse to sign a constitutional amendment bill?
No. Since the 24th Amendment of 1971, the President must give assent to a constitutional amendment bill passed by Parliament.
Is there a joint sitting for amendment bills?
No. Each House must pass an amendment bill separately by a special majority. If they disagree, there is no joint sitting and the bill fails.
What is the limit on Parliament's power to amend?
In the Kesavananda Bharati case of 1973, the Supreme Court held that Parliament can amend any part of the Constitution but cannot change its basic structure.
For more Polity topics in simple language, see our Basic Structure Doctrine, Important Constitutional Amendments and Collegium System and NJAC posts, or browse the Polity section. Preparing for a civil services exam? Start with the UPSC Civil Services guide or join the 100 Hour GS Course.