BharatNotes What is Amendment Procedure (Article 368)?
Article 368 sits in Part XX of the Constitution and empowers Parliament to amend the Constitution "by way of addition, variation or repeal." It deliberately blends rigidity and flexibility: most provisions require a special majority, while provisions affecting the federal structure additionally need ratification by the states. Some other provisions can be changed by a simple majority through ordinary legislation, and such changes are not treated as amendments under Article 368.
The Three Methods of Amendment
| Method | Majority required | Examples of provisions |
|---|---|---|
| Simple majority (outside Art. 368) | Majority of members present and voting in each House | Creation of new states, citizenship, salaries of MPs |
| Special majority (Art. 368) | Majority of the total membership of each House and two-thirds of members present and voting | Fundamental Rights, Directive Principles |
| Special majority + state ratification | Special majority in Parliament plus ratification by legislatures of at least half the states (by simple majority) | Federal provisions (see below) |
A constitutional amendment Bill can be introduced in either House, must be passed by each House separately, and after passage receives the President's assent, which (since the 24th Amendment, 1971) is mandatory — the President can neither withhold assent nor return the Bill.
Provisions Requiring State Ratification
Ratification by half the state legislatures is required when the amendment affects the federal balance, including: election of the President; extent of executive power of the Union and states; the Supreme Court and High Courts; distribution of legislative powers between the Centre and states; any of the Lists in the Seventh Schedule; representation of states in Parliament; and Article 368 itself.
The Basic Structure Limitation
The scope of the amending power was settled in Kesavananda Bharati v. State of Kerala (1973), where a 13-judge bench held by a 7–6 margin that Parliament can amend any part of the Constitution but cannot "damage or destroy" its basic structure. The 24th Amendment (1971) had affirmed Parliament's power to amend Fundamental Rights and made presidential assent compulsory. The 42nd Amendment (1976) tried to make amendments immune from judicial review and declared the constituent power unlimited; in Minerva Mills v. Union of India (1980) the Supreme Court struck down these clauses, holding that a limited amending power is itself part of the basic structure and that judicial review cannot be ousted.
UPSC Angle
For Prelims, lock down the ratification list and the precise meaning of special majority — a statement-based question appeared in Prelims 2022 on the constitutional amendment procedure. For Mains GS2, frame answers around the evolving balance between Parliament's constituent power and the judiciary's basic-structure review. Do not confuse the simple-majority route (outside Article 368) with the special-majority routes within it — a common trap.
