The Constitution of India provides a special procedure for amending most of its provisions.
This procedure is mainly provided under:
Article 368
The majority of Constitutional Amendment Bills are passed through:
Special Majority of Parliament
This method is more difficult than an ordinary law passed by simple majority.
Special Majority = Majority of Total Membership + 2/3 of Members Present and Voting
This requirement applies separately to:
Both Houses must independently pass the Constitutional Amendment Bill.
A Constitutional Amendment Bill generally requires two conditions in each House.
The Bill must receive:
Majority of the total membership of that House
This means more than 50% of the total sanctioned membership of the House.
The Bill must also receive:
Two-thirds of members present and voting
Both conditions must be satisfied.
Special Majority =
Majority of Total Membership
+
2/3 of Members Present and Voting
Suppose a House has:
500 total members
To satisfy the first requirement:
More than 250 members must support the Bill.
Now suppose:
360 members are present and voting.
Two-thirds of 360 = 240
Therefore, the Bill must receive at least:
251 votes
because both conditions must be satisfied.
Total Membership → 50%+
Present & Voting → 2/3
Article 368 deals with:
Power of Parliament to amend the Constitution and procedure therefor
A Constitutional Amendment Bill is introduced in Parliament according to the procedure prescribed by Article 368.
Most Constitutional Amendment Bills require the special majority described above.
A Constitutional Amendment Bill can be introduced in:
Either House of Parliament
Therefore, it can originate in:
The Bill can be introduced by:
A Minister
or
A Private Member
It does not require prior permission of the President for introduction.
Only a Minister can introduce a Constitutional Amendment Bill.
False.
A Constitutional Amendment Bill can also be introduced by a:
Private Member.
There is:
No provision for a joint sitting
for a Constitutional Amendment Bill.
Therefore, Lok Sabha and Rajya Sabha must separately pass the Bill.
A deadlock between the two Houses cannot be resolved through the ordinary joint-sitting mechanism under Article 108.
Constitutional Amendment Bill → No Joint Sitting
The special majority requirement applies to:
Each House individually
Therefore:
Lok Sabha → Special Majority
AND
Rajya Sabha → Special Majority
A Bill cannot be passed merely because it obtains the required majority in one House.
For amendments under the ordinary special-majority procedure:
State ratification is not required.
The Bill is passed by:
Special Majority of Parliament
and then proceeds to the President.
However, certain federal provisions require an additional step:
Ratification by at least half of the States
Those amendments form a separate category.
Special Majority → Parliament only
Special Majority + State Ratification → Federal provisions
The special-majority procedure applies to most provisions of the Constitution.
Important areas include:
However, provisions specifically requiring State ratification follow the additional federal procedure.
Fundamental Rights can be amended through the constitutional amendment procedure, subject to the limitation imposed by:
Basic Structure Doctrine
Parliament therefore has the power to amend Fundamental Rights.
But it cannot use the amendment power to:
Destroy the Basic Structure of the Constitution.
Kesavananda Bharati v. State of Kerala, 1973
The Supreme Court established the Basic Structure Doctrine.
Fundamental Rights → Amendable
Basic Structure → Cannot be Destroyed
Directive Principles can also be amended through the special-majority procedure, subject to constitutional limitations and judicial review.
Several Constitutional Amendments have modified provisions relating to the Directive Principles.
Do not confuse:
Directive Principles → Non-justiciable
with:
Directive Principles → Unamendable
They can be amended.
Fundamental Duties are contained in:
Part IVA
They can be amended through the constitutional amendment procedure.
An important example is:
42nd Constitutional Amendment Act, 1976
which inserted Fundamental Duties into the Constitution.
A Constitutional Amendment Bill follows a special procedure.
The important sequence is:
Introduction in Parliament
↓
Passage by First House with Special Majority
↓
Passage by Second House with Special Majority
↓
President's Assent
↓
Constitutional Amendment
Where State ratification is constitutionally required, ratification by at least half of the States must occur before presentation to the President.
After a Constitutional Amendment Bill has been duly passed according to Article 368, it is presented to the President.
The Constitution states that the President:
Shall give assent to the Bill.
Therefore, the President does not have the option to withhold assent from a properly passed Constitutional Amendment Bill.
This differs from the constitutional treatment of certain ordinary Bills.
Article 368 → President shall give assent
The Indian Constitution does not require a national referendum for Constitutional Amendments.
Therefore, a Constitutional Amendment does not need:
Direct approval by the people through referendum.
The amendment is made through the parliamentary constitutional procedure.
More than 50% of members present and voting
Used for certain constitutional matters specifically permitted by the Constitution.
Majority of total membership
AND
2/3 of members present and voting
Used for most Constitutional Amendments under Article 368.
Simple → Present & Voting
Special → Total Membership + Present & Voting
Not every amendment requiring special majority requires State ratification.
Special Majority only
Used for most constitutional provisions.
Special Majority + State Ratification
Used for specified provisions affecting the federal structure.
Therefore:
State Ratification is an additional requirement, not a part of every special-majority amendment.
Certain constitutional provisions require:
Special Majority of Parliament + Ratification by at least half of the States
Examples include provisions relating to:
Federal Structure → Parliament + 1/2 States
Where State ratification is required, the Constitution does not prescribe a specific time limit within which the State Legislatures must ratify the amendment.
However, ratification must occur before the amendment is presented to the President for assent.
State Ratification → No constitutional time limit
A Constitutional Amendment Bill can be introduced only in:
Parliament
State Legislatures cannot introduce Constitutional Amendment Bills.
Their role is limited to ratification where the Constitution specifically requires it.
Initiation → Parliament
Ratification → States, only where required
Parliament's amending power is broad but not unlimited.
The Supreme Court has held that Parliament cannot alter the:
Basic Structure of the Constitution
Important elements recognised as part of the basic structure include:
The list is not exhaustive.
Amend → Yes
Destroy Basic Structure → No
The Supreme Court upheld Parliament's power to amend the Constitution, including Fundamental Rights.
Memory → Shankari Prasad → Amendment Power Upheld
The Supreme Court again upheld Parliament's broad power of constitutional amendment.
Memory → Sajjan Singh → Amendment Power Upheld
The Supreme Court held that Parliament could not amend Fundamental Rights.
This position was later changed through subsequent constitutional developments.
Memory → Golaknath → Fundamental Rights
The Supreme Court established the:
Basic Structure Doctrine
Parliament can amend the Constitution but cannot destroy its basic structure.
Memory → Kesavananda → Basic Structure
The Supreme Court reaffirmed:
Limited Amending Power
and held that judicial review and the balance between Fundamental Rights and Directive Principles are important aspects of the constitutional structure.
Memory → Minerva Mills → Limited Amending Power
Known as the:
Mini-Constitution
It made several major changes to the Constitution.
Important changes included:
Reversed several changes made during the Emergency period and strengthened constitutional safeguards.
Important changes included:
Special majority means two-thirds of the total membership of Parliament.
False
It means:
Majority of total membership + 2/3 of members present and voting
Special majority is calculated for Parliament as a whole.
False
The requirement applies separately to:
Each House of Parliament
A Constitutional Amendment Bill can be passed through a joint sitting.
False
There is:
No joint sitting
Every special-majority amendment requires State ratification.
False
Only specified federal provisions require ratification by at least half of the States.
A State Legislature can introduce a Constitutional Amendment Bill.
False
Only:
Parliament
can initiate the amendment process.
The President can withhold assent from a duly passed Constitutional Amendment Bill.
False
Under Article 368:
The President shall give assent.
Fundamental Rights cannot be amended.
False
They can be amended, but:
Basic Structure cannot be destroyed.
The Supreme Court has held that Parliament's amending power is unlimited.
False
The:
Basic Structure Doctrine
places a limitation on Parliament's amending power.
A Constitutional Amendment requires a referendum.
False
The Indian Constitution does not provide for a mandatory national referendum.
Both Houses can pass the Bill with different procedures.
False
The required special majority must be satisfied separately in:
Lok Sabha + Rajya Sabha
| Feature | Simple Majority | Special Majority | Special Majority + State Ratification |
|---|---|---|---|
| Total membership considered | No | Yes | Yes |
| 2/3 present and voting | No | Yes | Yes |
| State ratification | No | No | At least half of States |
| Joint sitting | Not applicable | No | No |
| Main use | Specified constitutional matters | Most constitutional amendments | Specified federal provisions |
Special Majority
→ Majority of total membership
→ 2/3 of members present and voting
Both Houses
→ Must pass separately
Joint Sitting
→ Not available
State Ratification
→ Not normally required
Federal Provisions
→ At least half of States also required
President
→ Shall give assent
Basic Structure
→ Cannot be destroyed
The special-majority procedure represents the constitutional balance between:
Flexibility and Stability
If constitutional provisions could be changed by ordinary majority alone, the Constitution could become too easy to alter.
By requiring:
Majority of Total Membership + 2/3 Present and Voting
the Constitution ensures that major constitutional changes receive substantial parliamentary support.
At the same time, the procedure remains less rigid than systems requiring mandatory referendums for every constitutional amendment.
Where federal interests are directly affected, the Constitution goes further by requiring:
Ratification by at least half of the States.
Thus, India's amendment system creates a graded structure:
Simple Majority → Flexibility
Special Majority → Constitutional Stability
Special Majority + State Ratification → Federal Protection
Basic Structure Doctrine → Constitutional Identity
