Constitutional Amendment is a high-value topic for UPSC Prelims because questions often test:
The key to this topic is understanding the:
Exact Procedure + Exceptions + Constitutional Limitations
Article 368 deals with:
Power of Parliament to amend the Constitution and procedure therefor
It is located in:
Part XX
of the Constitution.
Part XX → Amendment of the Constitution
Article 368 deals with all possible constitutional changes.
False
Some provisions can be changed by:
Simple Majority
and are outside the formal Article 368 procedure.
Constitutional provisions can broadly be changed through:
Simple Majority
Special Majority of Parliament
Special Majority + Ratification by at least half of the States
Simple
→ Certain provisions
Special
→ Most provisions
Special + States
→ Specified federal provisions
Simple majority means:
More than 50% of members present and voting
It does not require:
Majority of total membership
or:
Two-thirds of members present and voting
Every Constitutional Amendment requires a special majority.
False
Some provisions can be changed by:
Simple Majority
The special majority generally requires:
Majority of the total membership of the House
AND
Two-thirds of members present and voting
Both requirements must be satisfied.
Special Majority = Majority of Total Membership + 2/3 Present & Voting
Special majority means two-thirds of the total membership.
False
The two-thirds requirement applies to:
Members Present and Voting
The special majority requirement applies separately to:
Lok Sabha
and:
Rajya Sabha
Both Houses must independently pass the Constitutional Amendment Bill.
A Constitutional Amendment Bill can pass if it gets the required majority in Parliament as a whole.
False
Each House must separately satisfy the required majority.
There is:
No provision for a joint sitting
of Parliament for a Constitutional Amendment Bill.
Therefore:
Lok Sabha + Rajya Sabha
must separately pass the Bill.
A deadlock between the Houses on a Constitutional Amendment Bill can be resolved through a joint sitting.
False
No Joint Sitting
A Constitutional Amendment Bill can be introduced in:
Either House of Parliament
It may be introduced by:
Only a Minister can introduce a Constitutional Amendment Bill.
False
A:
Private Member
can also introduce it.
No.
A Constitutional Amendment Bill can be introduced only in:
Parliament
State Legislatures cannot initiate the amendment process.
Initiation → Parliament
State Ratification → Only where required
A Constitutional Amendment Bill does not require:
Prior recommendation of the President
for introduction in Parliament.
A Constitutional Amendment Bill can be introduced only with the President's prior recommendation.
False
This is different from certain types of ordinary Bills.
After the Bill has been duly passed according to Article 368, it is presented to the President.
The Constitution provides that the President:
Shall give assent
The President does not have the same discretionary power to withhold assent from a duly passed Constitutional Amendment Bill.
The President can veto a Constitutional Amendment Bill after it has been duly passed.
False
Article 368 → President shall give assent
Certain amendments require:
Ratification by at least half of the State Legislatures
This is required when the amendment affects specified federal provisions.
The Constitution requires:
At least half
not:
States → 1/2
State ratification is required for amendments relating to specified provisions concerning:
Of:
Between:
Union + States
President + Executive + Judiciary + Legislative Powers + State Representation + Article 368
This is a major Prelims trap.
Every Constitutional Amendment does not require State ratification.
Most Amendments → Special Majority of Parliament
Specified Federal Amendments → Special Majority + State Ratification
Every amendment affecting Fundamental Rights requires State ratification.
False
Fundamental Rights amendments generally require:
Special Majority of Parliament
The requirement is:
At least half of the State Legislatures
If there are:
28 States
at least:
14 State Legislatures
must ratify.
Half of States plus Union Territories must ratify.
False
The Constitution specifically refers to:
State Legislatures
Where State ratification is required, a State Legislature may:
Ratify
or:
Not Ratify
the amendment.
If the required number of States does not ratify:
The amendment cannot be completed under Article 368.
No.
State Legislatures do not have the power to rewrite or modify the Constitutional Amendment Bill.
Their role is:
Ratification
not:
Amendment of the Amendment
States → Ratify or Reject
This distinction is extremely important.
State Legislature:
Expresses its views
The views:
Are not binding on Parliament
State Legislature:
Ratifies
where ratification is constitutionally required.
Article 3 → Views
Article 368 → Ratification
The Constitution does not prescribe a specific time limit within which State Legislatures must ratify a Constitutional Amendment Bill.
No constitutional time limit is prescribed
for State ratification.
For amendments requiring State ratification, the general sequence is:
Parliament passes Bill with Special Majority
↓
State Legislatures ratify
↓
President gives assent
State ratification takes place before Parliament passes the Bill.
False
Parliamentary passage comes first.
The Indian Constitution does not require a:
National Referendum
for Constitutional Amendments.
Every Constitutional Amendment must be approved by the people through referendum.
False
India uses:
Parliamentary + Constitutional Procedure
rather than a mandatory referendum.
Parliament's amending power is:
Wide but not Unlimited
The Supreme Court established the:
Basic Structure Doctrine
in:
Kesavananda Bharati v. State of Kerala, 1973
Parliament can amend the Constitution
but:
Cannot destroy its Basic Structure
The Constitution does not contain an Article defining:
Basic Structure
The doctrine was developed by:
The Supreme Court
Basic Structure is defined exhaustively in Article 368.
False
It is:
Judicially evolved
and:
Not an exhaustive list
The Supreme Court has recognised features including:
Every provision of the Constitution is part of the Basic Structure.
False
Only fundamental constitutional features recognised by the Supreme Court receive Basic Structure protection.
This is an important Prelims point.
The correct position is:
Fundamental Rights can be amended.
However:
Basic Structure cannot be destroyed.
Parliament can never amend Fundamental Rights.
False
The present position is:
Fundamental Rights → Amendable
Basic Structure → Protected
The Preamble is:
Part of the Constitution
and can be amended.
The:
42nd Constitutional Amendment Act, 1976
added:
to the Preamble.
The Preamble cannot be amended.
False
It can be amended subject to the:
Basic Structure limitation
Article 368 itself can be amended.
However, Parliament cannot amend it to:
Destroy the Basic Structure
or:
Make its amending power unlimited
Article 368 → Amendable
Unlimited Power → Not Permitted
Constitutional Amendments are subject to:
Judicial Review
The Supreme Court can examine whether an amendment violates the:
Basic Structure
Constitutional Amendments are completely beyond judicial review.
False
These concepts should not be confused.
Power of the Court
to examine constitutional validity.
Substantive limitation
on Parliament's amending power.
Judicial Review → Mechanism
Basic Structure → Limit
Amendment power upheld
Amendment power upheld
Fundamental Rights held unamendable
Basic Structure Doctrine
Free and fair elections + Basic Structure
Limited Amending Power + Judicial Review
Ninth Schedule + Basic Structure
Ninth Schedule subject to Basic Structure review
The:
Ninth Schedule
was introduced by:
1st Constitutional Amendment Act, 1951
It was originally intended to protect certain laws from judicial review.
However, the Supreme Court later limited this protection through the:
Basic Structure Doctrine
The Court held that laws placed in the Ninth Schedule after:
24 April 1973
can be reviewed if they damage the Basic Structure.
Ninth Schedule laws have absolute immunity from judicial review.
False
Article 15(4) + Ninth Schedule
States Reorganisation
Parliament's Amending Power
Article 31C
Privy Purse Abolished
Sikkim becomes a State
Mini-Constitution + Fundamental Duties
Emergency Safeguards + Right to Property
Anti-Defection + Tenth Schedule
Voting Age 18
Delhi + Article 239AA
Panchayats
Municipalities
Right to Education + Article 21A
15% Council of Ministers
Article 15(5)
GST
NCBC
EWS Reservation
State Power to Identify SEBCs
Women's Reservation
42nd Amendment introduced Fundamental Duties.
True
44th Amendment introduced Fundamental Duties.
False
52nd Amendment introduced the Ninth Schedule.
False
1st Amendment → Ninth Schedule
52nd Amendment → Tenth Schedule
73rd Amendment deals with Municipalities.
False
73rd → Panchayats
74th → Municipalities
86th Amendment introduced Article 21A.
True
101st Amendment introduced GST.
True
103rd Amendment introduced OBC reservation.
False
It introduced:
EWS reservation
102nd Amendment gave constitutional status to NCBC.
True
105th Amendment created NCBC.
False
102nd → NCBC
105th → State power to identify SEBCs
106th Amendment immediately reserved one-third of legislative seats for women without any further constitutional process.
False
Implementation is linked to:
Delimitation
after the relevant census process.
The Constitution provides additional protection for specified federal provisions.
These require:
Special Majority + Ratification by at least half of States
Federal Provisions → Parliament + States
No.
A Constitutional Amendment Bill can be introduced only in:
Parliament
State Legislatures cannot initiate Constitutional Amendment Bills.
State Legislatures can introduce Constitutional Amendment Bills.
False
Yes.
It can originate in:
Either House of Parliament
Constitutional Amendment Bills can originate only in Lok Sabha.
False
Yes.
A Constitutional Amendment Bill can be introduced by:
A Minister
or:
A Private Member
Only the Government can introduce a Constitutional Amendment Bill.
False
A Constitutional Amendment Bill is not treated as a:
Money Bill
Therefore, the special Money Bill procedure does not apply.
It must be passed separately by:
Both Houses
with the required constitutional majority.
Unlike ordinary legislative deadlocks:
No Joint Sitting
is available for a Constitutional Amendment Bill.
Constitutional Amendment → Separate Passage
After the constitutional requirements are fulfilled:
President shall give assent
The President does not have the ordinary veto options associated with certain other categories of Bills.
Duly Passed Amendment → President Shall Assent
| Feature | Ordinary Law | Constitutional Amendment |
|---|---|---|
| Main constitutional basis | Ordinary legislative provisions | Article 368 / specific constitutional provisions |
| Majority | Usually simple majority | Simple or special depending on provision |
| Joint sitting | Possible in certain cases | Not available |
| President | Constitutional options vary | Shall give assent after proper passage |
| State ratification | Generally not required | Required for specified federal provisions |
| Judicial review | Yes | Yes |
| Basic Structure test | Not applicable in the same form | Applicable to Constitutional Amendments |
Remember:
Special Majority → Majority of Total Membership + 2/3 Present & Voting
State Ratification → At least 1/2 States
Council of Ministers → Maximum 15%
Voting Age → 18 years
RTE → 6–14 years
Women's Reservation → 1/3
EWS Reservation → 10%
Simple Majority
→ Certain provisions
Special Majority
→ Most amendments
Special + 1/2 States
→ Specified federal provisions
Either House
→ Can introduce
Private Member
→ Can introduce
No Joint Sitting
→ Constitutional Amendment
Shall Give Assent
Judicial Review
→ Available
Basic Structure
→ Cannot be destroyed
Cannot Initiate
Can Ratify
→ Only where required
Before the exam, remember these pairs:
Simple Majority ≠ Special Majority
2/3 Present & Voting ≠ 2/3 Total Membership
1/2 States ≠ 2/3 States
Article 3 Views ≠ Article 368 Ratification
73rd ≠ 74th
1st Amendment ≠ 52nd Amendment
42nd ≠ 44th
102nd ≠ 105th
EWS ≠ OBC Reservation
Fundamental Rights Amendable ≠ Basic Structure Destroyable
Judicial Review ≠ Basic Structure Doctrine
Amendment ≠ Constitutional Revision
No Joint Sitting
No Mandatory Referendum
State Legislatures Cannot Initiate
President Shall Give Assent
Article 368 → Amendment
Simple → Certain Provisions
Special → Most Provisions
Special + 1/2 States → Federal Provisions
No Joint Sitting
President → Shall Assent
States → Ratify Only Where Required
Supreme Court → Judicial Review
Kesavananda → Basic Structure
Minerva Mills → Limited Amending Power
I.R. Coelho → Ninth Schedule Review
Parliament can amend the Constitution.
Parliament cannot destroy its Basic Structure.
The Supreme Court can review Constitutional Amendments.
