The Constitution must be stable enough to preserve its fundamental principles but flexible enough to respond to changing circumstances.
India therefore follows a:
Balanced Amendment System
The Constitution provides different procedures for constitutional change and also places substantive limits on Parliament's amending power through the:
Basic Structure Doctrine
Amendment Power + Constitutional Flexibility + Basic Structure Limitation = Constitutional Balance
The principal provision dealing with Constitutional Amendment is:
Article 368
It is located in:
Part XX — Amendment of the Constitution
Article 368 provides for:
Not every constitutional change is made under Article 368.
Some provisions can be changed by:
Simple Majority
Certain provisions can be changed by:
More than 50% of members present and voting
Examples include:
These changes are generally outside the formal Article 368 procedure.
Most Constitutional Amendments require:
Majority of the total membership of each House
AND
Two-thirds of members present and voting
Certain federal provisions additionally require:
Ratification by at least half of the State Legislatures
Simple → Certain Provisions
Special → Most Provisions
Special + 1/2 States → Federal Provisions
Special majority means:
Majority of Total Membership
AND
2/3 of Members Present and Voting
Both conditions must be satisfied.
It does NOT mean:
2/3 of Total Membership
Special Majority = Majority of Total Membership + 2/3 Present & Voting
A Constitutional Amendment Bill can be introduced in:
Either House of Parliament
It may be introduced by:
It cannot be introduced in:
State Legislature
Initiation → Parliament
State → Ratification where required
A Constitutional Amendment Bill does not require:
Prior recommendation of the President
for introduction.
"Every Constitutional Amendment Bill requires prior Presidential recommendation."
False
The Bill must be passed separately by:
Lok Sabha
and:
Rajya Sabha
with the constitutionally required majority.
There is:
No Joint Sitting
for Constitutional Amendment Bills.
Constitutional Amendment → Separate Passage
There is no provision for a joint sitting of Parliament for a Constitutional Amendment Bill.
Therefore, if the two Houses do not agree:
The Bill cannot be passed through a Joint Sitting.
Constitutional Amendment Bill deadlock can be resolved through joint sitting.
False
State ratification is required only for specified federal provisions.
The Constitution requires:
At least half of the State Legislatures
to ratify the amendment.
It does not require:
State Ratification → Minimum 1/2
State ratification is required for amendments affecting:
of:
between:
Union + States
President + Executive + Judiciary + Legislative Powers + State Representation + Article 368
State Legislatures cannot initiate Constitutional Amendment Bills.
Where ratification is required, they participate after:
Parliamentary Passage
Their role is:
Ratify or Reject
They cannot:
Modify the Constitutional Amendment Bill
State ratification is different from:
Article 3 Consultation
State Legislature:
Expresses its Views
Its views:
Are not binding on Parliament
State Legislature:
Ratifies
where constitutionally required.
Article 3 → Views
Article 368 → Ratification
The Indian Constitution does not require a:
National Referendum
for Constitutional Amendments.
Constitutional change is primarily achieved through:
Parliamentary + Constitutional Procedures
Every Constitutional Amendment must be approved by referendum.
False
After the Bill is duly passed according to the required procedure, it is presented to the President.
Under Article 368:
The President shall give assent.
The President does not have the same discretion available with certain ordinary Bills.
Duly Passed Amendment → President Shall Assent
The Constitution does not prescribe a specific time limit within which State Legislatures must ratify an amendment.
No constitutionally prescribed time limit for State ratification
Parliament's power to amend the Constitution 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 expressly define:
Basic Structure
The doctrine was developed by:
Supreme Court of India
There is no exhaustive constitutional list of Basic Structure features.
The list is:
Judicially developed + Non-Exhaustive
Important features recognised by the Supreme Court include:
Constitution + Democracy + Federalism + Judiciary + Rule of Law
Fundamental Rights:
Can be amended
However, an amendment cannot:
Destroy the Basic Structure
Fundamental Rights → Amendable
Basic Structure → Protected
Fundamental Rights can never be amended.
False
The Preamble:
Can be amended
The:
42nd Constitutional Amendment Act, 1976
added:
The Preamble cannot be amended in a manner that:
Damages the Basic Structure
Preamble → Amendable
Basic Structure → Protected
Article 368 itself:
Can be amended
However, Parliament cannot amend it to make its amending power:
Unlimited
because:
Limited Amending Power
is itself part of the Basic Structure.
Article 368 → Amendable
Unlimited Amending Power → Not Permitted
Constitutional Amendments are subject to:
Judicial Review
The Supreme Court can examine whether an amendment violates:
Basic Structure
Parliament → Amends
Supreme Court → Reviews
Basic Structure → Limits
The:
Power
of courts to examine constitutional validity.
The:
Substantive Limitation
on Parliament's amending power.
Judicial Review → Mechanism
Basic Structure → Limit
Amending Power Upheld
Parliament could amend Fundamental Rights.
Amending Power Upheld
The earlier position was reaffirmed.
Fundamental Rights Held Unamendable
This restricted Parliament's amending power.
Basic Structure Doctrine
Parliament can amend but cannot destroy Basic Structure.
Free and Fair Elections + Basic Structure
Limited Amending Power + Judicial Review
Ninth Schedule + Basic Structure
Ninth Schedule + Basic Structure Review
The judicial journey can be remembered as:
Shankari Prasad
↓
Sajjan Singh
↓
Golaknath
↓
24th Amendment
↓
Kesavananda Bharati
↓
Indira Gandhi Case
↓
Minerva Mills
↓
Waman Rao
↓
I.R. Coelho
Amendment Power → Restriction → Basic Structure → Judicial Review
Important for:
Memory → Reservation + Ninth Schedule
States Reorganisation
Parliament's Amending Power
Article 31C
Privy Purse Abolished
Sikkim Becomes State
Mini-Constitution
Important for:
Important for:
Anti-Defection Law + Tenth Schedule
Voting Age 18
Delhi + Article 239AA
Panchayats + Part IX + Eleventh Schedule
Municipalities + Part IXA + Twelfth Schedule
Right to Education + Article 21A
Council of Ministers Limit
Article 15(5)
Co-operative Societies
GST
NCBC
EWS Reservation
SC/ST Political Reservation Extension + Anglo-Indian Nomination Ended
State Power to Identify SEBCs
Women's Reservation
1 → Reservation + Ninth Schedule
7 → States Reorganisation
24 → Amending Power
25 → Article 31C
26 → Privy Purse
36 → Sikkim
42 → Mini-Constitution
44 → Emergency Safeguards
52 → Anti-Defection
61 → Voting Age
69 → Delhi
73 → Panchayats
74 → Municipalities
86 → Education
91 → Ministry Size
93 → Article 15(5)
97 → Co-operative Societies
101 → GST
102 → NCBC
103 → EWS
104 → SC/ST Political Reservation
105 → State SEBC Power
106 → Women's Reservation
Article 15(4)
→ Special provisions for backward classes, SCs and STs
Article 16(4A)
→ Reservation in promotion for SCs and STs
Article 16(4B)
→ Backlog vacancies
Article 335
→ Relaxation in qualifying standards for SCs and STs in specified matters
Consequential Seniority
→ Reservation in promotion
Article 15(5)
→ Educational institutions
NCBC
EWS
State SEBC Identification
Women's Reservation
Panchayats
→ Part IX
→ Eleventh Schedule
Municipalities
→ Part IXA
→ Twelfth Schedule
73 → Rural
74 → Urban
Expanded centralising provisions and altered several constitutional arrangements.
Introduced safeguards following the Emergency period.
Important changes:
42nd → Centralisation
44th → Safeguards
The:
101st Constitutional Amendment Act, 2016
introduced the constitutional framework for:
Goods and Services Tax
Important provisions:
Article 246A
→ GST legislative power
Article 269A
→ Inter-State GST
Article 279A
→ GST Council
101 → GST
The:
103rd Constitutional Amendment Act, 2019
introduced:
10% EWS Reservation
through:
Article 15(6)
and:
Article 16(6)
103 → EWS
The:
106th Constitutional Amendment Act, 2023
provides for:
One-third reservation for women
in:
It inserted:
Article 330A
Article 332A
Article 334A
Implementation is linked to:
Delimitation
after the relevant census process.
106 → Women → 1/3
Majority of Total Membership + 2/3 Present & Voting
At least 1/2 States
18 years
6–14 years
10%
1/3
Maximum 15% of House Strength
| Feature | Ordinary Law | Constitutional Amendment |
|---|---|---|
| Procedure | Ordinary legislative procedure | Constitutional amendment procedure |
| Majority | Usually simple majority | Simple / Special / Special + States |
| Joint Sitting | Possible in specified circumstances | Not available |
| State Ratification | Generally not required | Required for specified federal provisions |
| President | Constitutional options vary | Shall give assent after proper passage |
| Judicial Review | Available | Available |
| Basic Structure Test | Not applicable in the same form | Applicable |
Formal Constitutional Change
Broad or Fundamental Reconsideration
India has:
No Separate Constitutional Revision Procedure
Extensive constitutional changes are made through:
Amendment
subject to:
Basic Structure
Amendment → Formal Change
Revision → Conceptual / Comprehensive Reconsideration
The requirement of State ratification protects the federal structure.
It ensures that States participate when amendments affect:
State ratification provides a federal check on constitutional change.
Amendments have enabled constitutional responses to:
Examples:
1st → Article 15(4)
93rd → Article 15(5)
103rd → EWS
106th → Women's Representation
The:
73rd + 74th Amendments
strengthened local democracy.
They provided constitutional frameworks for:
73 → Rural
74 → Urban
The amendment process balances:
Need for Change
with:
Need for Stability
The graded procedure achieves this through:
Different Majority Requirements
The Basic Structure Doctrine adds a substantive constitutional limitation.
Procedural Rigidity + Substantive Limitation = Constitutional Stability
Every constitutional amendment requires a special majority.
False
Some provisions require only:
Simple Majority
Special majority means two-thirds of total membership.
False
It means:
Majority of Total Membership + 2/3 Present and Voting
Every amendment requires State ratification.
False
Only specified federal provisions.
State ratification requires two-thirds of States.
False
At least half
State Legislatures can initiate Constitutional Amendment Bills.
False
Only:
Parliament
Constitutional Amendment Bills can be passed through Joint Sitting.
False
No Joint Sitting
The President may veto a duly passed Constitutional Amendment Bill.
False
President shall give assent
Fundamental Rights cannot be amended.
False
They can be amended subject to:
Basic Structure
Preamble cannot be amended.
False
It can be amended subject to Basic Structure.
Article 368 cannot be amended.
False
It can be amended, but not to destroy Basic Structure.
Basic Structure is expressly defined in the Constitution.
False
It is:
Judicially evolved
Kesavananda Bharati prohibited all constitutional amendments.
False
It permitted amendment but prohibited:
Basic Structure Destruction
Minerva Mills established Basic Structure.
False
Kesavananda Bharati → Established
Minerva Mills → Reaffirmed
I.R. Coelho abolished the Ninth Schedule.
False
It subjected certain Ninth Schedule laws to:
Basic Structure Review
73rd Amendment deals with Municipalities.
False
73 → Panchayats
74 → Municipalities
101st Amendment introduced GST.
True
103rd Amendment introduced OBC reservation.
False
103rd → EWS
102nd Amendment gave constitutional status to NCBC.
True
105th Amendment created NCBC.
False
102nd → NCBC
105th → State SEBC Power
106th Amendment provides one-third reservation for women in legislatures.
True
Implementation is linked to:
Delimitation after the relevant census process
For any Mains question on Constitutional Amendment, structure the answer as:
Article 368 + Need for Constitutional Adaptability
Three Amendment Procedures
Need and Significance
Limitations
Critical Issues
Change without Constitutional Destruction
"The Indian Constitution is neither completely rigid nor completely flexible. Article 368 and related provisions establish a graded mechanism of constitutional change, enabling the Constitution to adapt to changing requirements while the Basic Structure Doctrine prevents its foundational identity from being destroyed."
"The Indian amendment process reflects a balance between constitutional adaptability and constitutional continuity. The objective should not be to prevent change, but to ensure that constitutional change remains democratic, deliberative and consistent with the Basic Structure of the Constitution."
Simple → Certain
Special → Most
Special + 1/2 States → Federal
Either House
Minister / Private Member
No Joint Sitting
Shall Give Assent
Cannot Initiate
Can Ratify Where Required
Judicial Review
Basic Structure
Shankari → Amendment Power
Golaknath → FR Restriction
Kesavananda → Basic Structure
Minerva Mills → Limited Power
I.R. Coelho → Ninth Schedule Review
1 → Ninth Schedule
42 → Mini-Constitution
44 → Emergency Safeguards
52 → Anti-Defection
61 → Voting Age
73 → Panchayats
74 → Municipalities
86 → Education
101 → GST
103 → EWS
106 → Women
Constitutional Amendment
→ Procedure
→ Purpose
→ Impact
→ Federalism
→ Social Justice
→ Judicial Review
→ Basic Structure
→ Constitutional Continuity
Parliament can amend the Constitution.
Parliament cannot destroy its Basic Structure.
States participate where federal provisions are affected.
The Supreme Court can review Constitutional Amendments.
Constitutional change is permitted; constitutional destruction is not.
