The Indian Constitution provides that some provisions can be changed by a simple majority of Parliament.
These changes do not require the special procedure under Article 368.
Therefore, they are generally described as:
Constitutional changes by Simple Majority
Simple Majority = More than 50% of members present and voting
For example, if 200 members are present and voting:
Simple Majority = More than 100 votes
The total membership of the House is not relevant for calculating this majority.
The Constitution deliberately makes some provisions easier to change.
This provides:
Flexibility
while provisions considered more important for constitutional stability require:
Special Majority
or:
Special Majority + State Ratification
Therefore, India's Constitution combines:
Flexibility + Rigidity
The most important UPSC point is:
Not every constitutional change is an amendment under Article 368.
Certain provisions can be changed by ordinary legislation passed by a simple majority.
Article 368 itself excludes certain provisions from its formal amendment procedure.
Simple Majority → Outside Article 368 procedure
Parliament can make laws relating to:
These matters are dealt with through:
Simple Majority
Although these laws may affect the constitutional provisions relating to States, they are not treated as amendments under Article 368.
Article 4 deals with laws made under:
Articles 2 and 3
Such laws may contain provisions necessary for:
A law made under Articles 2 and 3 may amend the First and Fourth Schedules.
However:
Such amendment is not treated as an amendment of the Constitution for the purposes of Article 368.
Articles 2 + 3 → State Reorganisation
Article 4 → Consequential changes
Parliament can provide for:
The process begins with the State Legislative Assembly.
The Assembly must pass a resolution by:
Majority of the total membership of the Assembly
AND
Majority of not less than two-thirds of members present and voting
After such a resolution, Parliament may make the law.
The parliamentary law is passed by:
Simple Majority
The State Legislative Assembly does not itself create or abolish the Legislative Council.
It only passes the required resolution.
Parliament makes the final law.
Article 169 → Legislative Council → State Assembly Resolution + Parliament Simple Majority
The First Schedule contains:
Names and territories of States and Union Territories
Changes resulting from laws under Articles 2 and 3 can modify the First Schedule.
Such changes do not require Article 368.
First Schedule → States and Union Territories
The Fourth Schedule deals with:
Allocation of seats in the Rajya Sabha to States and Union Territories
Changes connected with the reorganisation of States can consequently alter the Fourth Schedule.
These changes can be made through laws under Articles 2 and 3.
Fourth Schedule → Rajya Sabha Seat Allocation
The Constitution contains several provisions that can be altered by ordinary legislation rather than the Article 368 procedure.
Important examples include certain matters relating to:
For UPSC, these should be understood carefully rather than memorised as one universal list.
Parliament has the power to make laws relating to:
Citizenship
The Constitution itself provides broad principles concerning citizenship, while Parliament is empowered to regulate acquisition and termination of citizenship and related matters through legislation.
Such legislation does not require the Article 368 amendment procedure.
Article 11 → Parliament's power over citizenship
The Constitution permits Parliament to legislate on certain matters concerning:
Where the Constitution specifically provides for ordinary legislation, the Article 368 procedure is not required.
Do not assume:
Every change affecting representation = Constitutional Amendment under Article 368
The Constitution itself determines the required procedure.
Requires:
More than 50% of members present and voting
It does not require:
Requires:
Majority of total membership of the House
AND
Two-thirds of members present and voting
Requires:
Special Majority of Parliament
AND
Ratification by at least half of the State Legislatures
| Method | Majority Required | State Ratification |
|---|---|---|
| Simple Majority | More than 50% of members 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 |
For quick UPSC revision, remember the major examples:
Articles 2 and 3
→ Admission, establishment and reorganisation of States
Article 4
→ Consequential changes in First and Fourth Schedules
Article 169
→ Creation or abolition of State Legislative Councils
Article 11
→ Parliament's power to regulate citizenship
The exact constitutional provision should always be checked because the Constitution specifies different procedures for different subjects.
A Bill relating to formation or alteration of States can be introduced in Parliament only:
On the recommendation of the President
Before introduction, where the proposal affects the area, boundaries or name of a State:
The President refers the Bill to the concerned State Legislature for expressing its views.
The State Legislature's views are:
Not binding on Parliament.
Parliament may accept or reject the views.
State Legislature must approve a State Reorganisation Bill.
False.
The State Legislature is given an opportunity to express its views, but its consent is not required.
For Article 3 Bills:
President → Refers Bill to State Legislature
↓
State Legislature → Expresses its views
↓
Parliament → Takes final decision
Therefore:
Consultation ≠ Consent
This is an important federalism-related UPSC concept.
For creation or abolition of a State Legislative Council:
The State Legislative Assembly passes a resolution.
Required:
Majority of total membership
AND
2/3 of members present and voting
Parliament passes the law.
Required:
Simple Majority
The Legislative Council is created or abolished according to the parliamentary law.
Article 169
Assembly Resolution → Parliament → Simple Majority
The simple-majority procedure makes certain constitutional arrangements easier to modify.
This is particularly useful for matters such as:
State reorganisation
because India's territorial and administrative requirements may change over time.
It prevents every territorial adjustment from requiring the more difficult Article 368 procedure.
Every constitutional change requires Article 368.
False
Certain provisions can be changed through:
Simple Majority
Formation of new States requires a special majority.
False
A law under Articles 2 and 3 is passed by:
Simple Majority
The concerned State Legislature can veto a Bill under Article 3.
False
Its views are:
Not binding on Parliament.
Article 4 amendments to the First and Fourth Schedules require Article 368.
False
Changes made under Articles 2 and 3 are specifically outside the Article 368 amendment procedure.
A State Legislative Council can be created directly by the State Legislature.
False
The State Assembly passes the required resolution, but:
Parliament makes the law.
Creation or abolition of a State Legislative Council requires a constitutional amendment by special majority.
False
Parliament passes the law by:
Simple Majority
after the required State Assembly resolution.
State Legislature's opinion under Article 3 is binding on Parliament.
False
The State Legislature's views are:
Advisory, not binding.
Simple majority means majority of the total membership of the House.
False
Simple majority means:
More than 50% of members present and voting.
The distinction can be remembered as:
Simple Majority
→ Ordinary legislative procedure specified by the Constitution
Article 368
→ Formal constitutional amendment procedure
Therefore:
Simple Majority ≠ Article 368 Amendment
| Provision | Subject | Procedure |
|---|---|---|
| Article 2 | Admission or establishment of new States | Simple Majority |
| Article 3 | Formation and alteration of States | Simple Majority |
| Article 4 | Consequential changes under Articles 2 and 3 | Simple Majority |
| Article 11 | Citizenship legislation | Parliament by ordinary law |
| Article 169 | Creation or abolition of Legislative Council | State Assembly Resolution + Parliament Simple Majority |
2 → New States
3 → State Reorganisation
4 → Consequential Schedules
11 → Citizenship
169 → Legislative Council
Simple Majority → Certain constitutional matters where the Constitution permits ordinary legislation
The simple-majority procedure demonstrates the flexible character of the Indian Constitution.
It allows Parliament to respond to changing administrative, territorial and institutional requirements without using the comparatively rigid procedure under Article 368.
For example, the reorganisation of States can be carried out through parliamentary legislation under Articles 2 and 3.
Thus:
Simple Majority → Constitutional Flexibility
Special Majority → Constitutional Stability
State Ratification → Federal Protection
Together, these procedures create a balance between:
Flexibility + Stability + Federalism
