The Indian Constitution provides different procedures for changing different provisions.
This creates a balance between:
Flexibility + Rigidity
For UPSC, constitutional changes can be broadly understood through three methods:
Some provisions of the Constitution can be changed by a simple majority of Parliament.
This means:
More than 50% of members present and voting
These changes are technically not regarded as amendments under Article 368.
Article 2 and Article 3
Parliament can make laws for:
Article 169
Creation or abolition of State Legislative Councils.
Simple Majority → Articles 2, 3 and 169
Most provisions requiring formal amendment under Article 368 are amended through a special majority of Parliament.
The required majority is:
Majority of the total membership of each House
AND
Two-thirds of members present and voting
Special Majority = Majority of Total Membership + 2/3 of Members Present and Voting
This method applies to most constitutional provisions, including many provisions relating to:
Certain provisions affecting the federal structure require:
Special Majority of Parliament + Ratification by at least half of the State Legislatures
This procedure is used for specified federal provisions.
Federal provisions → Special Majority + 1/2 States
The Constitution requires ratification by:
At least half of the State Legislatures
It does not require:
Two-thirds of States must ratify.
False.
The requirement is:
At least half of the States.
There is no provision for a joint sitting of Parliament for a Constitutional Amendment Bill.
Therefore:
Lok Sabha and Rajya Sabha must separately pass the Bill.
Constitutional Amendment Bill → No Joint Sitting
After a Constitutional Amendment Bill has been duly passed according to Article 368, it is presented to the President.
The President:
Shall give assent
Therefore, the President does not have the same discretionary options available with certain ordinary bills.
No.
A Constitutional Amendment Bill can be introduced only in:
Parliament
State Legislatures cannot introduce Constitutional Amendment Bills.
Where State ratification is required, State Legislatures participate after Parliament has passed the Bill.
Parliament has a wide power to amend the Constitution.
However, this power is not unlimited.
The limitation is:
Basic Structure Doctrine
The Supreme Court established this doctrine in:
Kesavananda Bharati v. State of Kerala, 1973
Parliament can amend the Constitution but cannot destroy its basic structure.
Important basic features recognised by the Supreme Court include:
The list is not exhaustive.
Amend → Yes
Destroy Basic Structure → No
The Supreme Court upheld Parliament's power to amend Fundamental Rights.
Memory → Shankari Prasad → Amendment Power Upheld
The Supreme Court again upheld Parliament's broad amending power.
Memory → Sajjan Singh → Amendment Power Upheld
The Supreme Court held that Parliament could not amend Fundamental Rights.
This position was subsequently changed through later constitutional developments.
Memory → Golaknath → Fundamental Rights
Established the:
Basic Structure Doctrine
Parliament can amend the Constitution but cannot destroy its basic structure.
Memory → Kesavananda → Basic Structure
Reaffirmed:
Limited Amending Power
and the importance of:
Judicial Review
and constitutional balance.
Memory → Minerva Mills → Limited Amending Power
| Method | Majority Required | State Ratification |
|---|---|---|
| Simple Majority | More than 50% present and voting | No |
| Special Majority | Majority of total membership + 2/3 present and voting | No |
| Special Majority + State Ratification | Majority of total membership + 2/3 present and voting | At least half of States |
Remember:
Articles 2, 3 and 169
Remember:
Most constitutional provisions
Remember:
Specified federal provisions
including:
Article 368 → Constitutional Amendment
Part XX → Amendment of the Constitution
Simple Majority → Certain provisions outside Article 368
Special Majority → Most constitutional amendments
State Ratification → Specified federal provisions
Minimum State Ratification → At least half
Joint Sitting → Not available
President → Must give assent after proper passage
Judicial Review → Available
Limitation → Basic Structure
Every constitutional amendment requires a special majority.
False
Some provisions can be changed by:
Simple Majority
Every constitutional amendment requires State ratification.
False
Only specified federal provisions require ratification.
State ratification requires two-thirds of the States.
False
It requires:
At least half of the States
Constitutional Amendment Bills can be passed through a joint sitting.
False
There is:
No joint sitting
Article 3 changes require the procedure under Article 368.
False
They are generally dealt with by:
Simple Majority
Special majority means two-thirds of the total membership.
False
It means:
Majority of total membership + 2/3 present and voting
Parliament's amending power is unlimited.
False
It is limited by:
Basic Structure Doctrine
The President can withhold assent to a duly passed Constitutional Amendment Bill.
False
Under Article 368:
The President shall give assent.
Simple Majority → Articles 2, 3, 169
Special Majority → Most constitutional provisions
Special Majority + 1/2 States → Federal provisions
Kesavananda Bharati → Basic Structure
Minerva Mills → Limited Amending Power
The three amendment procedures demonstrate that the Indian Constitution is neither completely rigid nor completely flexible.
Simple Majority → Flexibility
Special Majority → Constitutional stability
State Ratification → Federal protection
Basic Structure Doctrine → Protection against constitutional destruction
Thus, the amendment process balances:
Constitutional continuity + Democratic adaptability + Federalism
