Article 368 is the principal constitutional provision dealing with:
Power of Parliament to amend the Constitution and the procedure therefor.
It is located in:
Part XX — Amendment of the Constitution
Article 368 is one of the most important provisions for understanding the Indian constitutional amendment process.
Article 368 → Power + Procedure
However, not every constitutional change is made through Article 368.
Certain provisions can be changed by:
Simple Majority
through the ordinary legislative process.
Article 368 gives Parliament the:
Constituent Power
to amend the Constitution.
This power includes amendment by:
of constitutional provisions, subject to the constitutional procedure and limitations.
Parliament's power under Article 368 is:
Wide but Not Unlimited
It is subject to the:
Basic Structure Doctrine
Article 368 is located in:
Part XX
of the Constitution.
Amendment of the Constitution
Part XX → Article 368 → Constitutional Amendment
A Constitutional Amendment Bill can be introduced only in:
Parliament
It can be introduced in:
Either House of Parliament
Therefore:
Lok Sabha → Yes
Rajya Sabha → Yes
State Legislature → No
A Constitutional Amendment Bill can be introduced by:
Therefore, it is not necessary that the Bill must be introduced by the Government.
Only a Minister can introduce a Constitutional Amendment Bill.
False
A:
Private Member
can also introduce it.
A Constitutional Amendment Bill does not require:
Prior recommendation of the President
for its introduction in Parliament.
A Constitutional Amendment Bill can be introduced only after obtaining the President's prior recommendation.
False
A Constitutional Amendment Bill is not treated as a:
Money Bill
Therefore, the special procedure applicable to Money Bills does not govern Constitutional Amendment Bills.
It must be passed separately by:
Lok Sabha + Rajya Sabha
according to the required constitutional majority.
The Indian Constitution provides different levels of difficulty for constitutional change.
They can broadly be classified into:
Certain provisions can be changed through:
More than 50% of members present and voting
Most constitutional provisions require:
Majority of 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
Special → Most
Special + 1/2 States → Federal
Some constitutional provisions can be changed by ordinary legislation requiring:
Simple Majority
These are generally not considered amendments under the formal procedure of Article 368.
Important examples include:
Every constitutional change must follow Article 368.
False
Some changes are made outside Article 368 through:
Simple Majority
For most Constitutional Amendments, the Bill must be passed by:
Majority of the total membership of that House
AND
Two-thirds of the members of that House present and voting
Both conditions must be satisfied.
Special Majority = Majority of Total Membership + 2/3 Present and Voting
Suppose a House has:
500 total members
The Bill must receive more than half of the total membership:
At least 251 votes
AND at least two-thirds of members present and voting.
Both conditions are mandatory.
The required majority must be achieved separately in:
Lok Sabha
and:
Rajya Sabha
Each House must independently satisfy the constitutional requirement.
The Constitutional Amendment Bill only needs the required majority when the votes of both Houses are combined.
False
Each House must separately pass it.
There is:
No provision for a Joint Sitting
for a Constitutional Amendment Bill.
Therefore:
Lok Sabha + Rajya Sabha
must separately pass the Bill.
If the two Houses fail to pass it in the required manner:
The Bill cannot be passed through a Joint Sitting.
Constitutional Amendment → No Joint Sitting
Certain Constitutional Amendments require ratification by:
At least half of the State Legislatures
This requirement applies to specified federal provisions.
The requirement is:
At least 1/2 States
not:
Federal Amendment → Parliament + 1/2 States
State ratification is required if the amendment seeks to make changes relating to:
of:
between:
Union + States
President + Executive + Judiciary + Legislative Powers + State Representation + Article 368
State Legislatures cannot introduce Constitutional Amendment Bills.
Where ratification is required, their role begins after:
Parliamentary Passage
They can:
Ratify
or:
Reject
the amendment.
They cannot:
Modify the Bill
State Legislature → Ratification, Not Initiation
These are different constitutional processes.
When Parliament proposes changes relating to formation or alteration of States, the concerned State Legislature is asked to:
Express its Views
The views are:
Not Binding on Parliament
For specified federal amendments, State Legislatures:
Ratify
the amendment.
Article 3 → Views
Article 368 → Ratification
Article 368 does not require a:
National Referendum
for Constitutional Amendments.
The Indian Constitution relies primarily on:
Parliamentary Procedure + State Ratification where required
The people must directly approve every Constitutional Amendment.
False
There is:
No General Constitutional Referendum Requirement
After a Constitutional Amendment Bill has been duly passed according to Article 368, it is presented to the President.
The Constitution provides that the President:
Shall give assent to the Bill.
Therefore, the President does not have the same discretionary options available in relation to certain ordinary Bills.
Duly Passed Amendment → President Shall Assent
"The President can withhold assent to a Constitutional Amendment Bill passed according to Article 368."
False
Under Article 368:
The President shall give assent.
The President's role under Article 368 is different from the ordinary legislative process.
Once a Constitutional Amendment Bill has been duly passed according to Article 368:
Assent is mandatory.
Article 368 → Shall Give Assent
The Constitution does not prescribe a specific time limit within which State Legislatures must ratify a Constitutional Amendment Bill.
State Ratification → No Constitutionally Prescribed Time Limit
For a normal amendment requiring only Parliamentary approval:
Bill Introduced in Parliament
↓
Passed by Lok Sabha
↓
Passed by Rajya Sabha
↓
Presented to President
↓
President Gives Assent
↓
Constitution Amended
For an amendment requiring State ratification:
Bill Introduced in Parliament
↓
Passed by Both Houses with Special Majority
↓
Ratified by at least 1/2 State Legislatures
↓
Presented to President
↓
President Gives Assent
↓
Constitution Amended
Article 368 gives Parliament the power to amend the Constitution.
However, Parliament's power is not unlimited.
The Supreme Court can review Constitutional Amendments for violation of the:
Basic Structure
Article 368 → Power
Basic Structure → Limitation
Judicial Review → Enforcement
The Basic Structure Doctrine was established in:
Kesavananda Bharati v. State of Kerala, 1973
The Supreme Court held:
Parliament can amend the Constitution
but:
Cannot destroy its Basic Structure
The term:
"Basic Structure"
is not expressly defined in Article 368.
It is:
Judicially Evolved
The Supreme Court has recognised features including:
The list is:
Not Exhaustive
Article 368 can itself be amended.
However, Parliament cannot amend Article 368 to make its amending power:
Unlimited
because:
Limited Amending Power
is itself part of the Basic Structure.
Minerva Mills v. Union of India, 1980
Article 368 → Amendable
Unlimited Power → Not Permitted
Fundamental Rights can be amended through the constitutional amendment process.
However, Parliament cannot amend them in a manner that:
Destroys the Basic Structure
Fundamental Rights → Amendable
Basic Structure → Protected
The Preamble can be amended.
The:
42nd Constitutional Amendment Act, 1976
added:
to the Preamble.
However, the Preamble cannot be amended in a manner that damages:
Basic Structure
Preamble → Amendable
Basic Structure → Protected
Parliament's power to amend Fundamental Rights was upheld.
Memory → Amendment Power
Parliament's broad amending power was again upheld.
Memory → Amendment Power
Fundamental Rights were held to be beyond Parliament's amending power.
Memory → Fundamental Rights
Established the:
Basic Structure Doctrine
Memory → Basic Structure
Reaffirmed:
Limited Amending Power
and:
Judicial Review
Memory → Limited Power
Important for:
Ninth Schedule + Basic Structure
Memory → Ninth Schedule
Held that certain Ninth Schedule laws are subject to Basic Structure review.
Memory → Ninth Schedule Review
The:
24th Constitutional Amendment Act, 1971
was an important development in the history of Article 368.
It:
It strengthened Parliament's constitutional amending power following:
Golaknath, 1967
24th Amendment → Parliament's Amending Power
The:
42nd Constitutional Amendment Act, 1976
attempted to strengthen Parliament's amending power and restrict judicial review.
It inserted provisions intended to prevent courts from questioning Constitutional Amendments.
Important parts were later invalidated by the Supreme Court.
The Court reaffirmed:
Judicial Review
and:
Limited Amending Power
as part of the Basic Structure.
42nd → Expansion Attempt
Minerva Mills → Constitutional Limitation
| Feature | Ordinary Law | Constitutional Amendment |
|---|---|---|
| Main procedure | Ordinary legislative procedure | Article 368 / specific constitutional procedure |
| Majority | Usually simple majority | Simple / Special / Special + States |
| Joint Sitting | Available in specified situations | 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 Formal Revision Procedure
Therefore, extensive constitutional changes are made through:
Constitutional Amendment
subject to:
Basic Structure
Amendment → Formal Change
Revision → Comprehensive Reconsideration
Article 368 → Constitutional Amendment
Part XX → Amendment of Constitution
Either House → Bill can be introduced
Private Member → Can introduce
State Legislature → Cannot introduce
President's Prior Recommendation → Not Required
Special Majority → Total Membership + 2/3 Present & Voting
State Ratification → At least 1/2 States
Joint Sitting → Not Available
Referendum → Not Mandatory
President → Shall Give Assent
Judicial Review → Available
Basic Structure → Cannot be Destroyed
Article 368 governs every constitutional change.
False
Some provisions can be changed by:
Simple Majority
Special majority means two-thirds of the total membership.
False
It means:
Majority of Total Membership + 2/3 Present and Voting
A Constitutional Amendment Bill can be introduced in a State Legislature.
False
It can be introduced only in:
Parliament
Only Ministers can introduce Constitutional Amendment Bills.
False
A:
Private Member
can also introduce one.
A Constitutional Amendment Bill requires prior recommendation of the President.
False
Constitutional Amendment Bills can be passed through Joint Sitting.
False
No Joint Sitting
Every Constitutional Amendment requires State ratification.
False
Only specified federal provisions require it.
Two-thirds of States must ratify an amendment.
False
The requirement is:
At least half
State Legislatures can modify a Constitutional Amendment Bill.
False
They can:
Ratify or Reject
where ratification is required.
The President can withhold assent from 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
Article 368 cannot itself be amended.
False
It can be amended, but not to destroy the:
Basic Structure
Basic Structure is expressly defined in Article 368.
False
It is:
Judicially Evolved
Kesavananda Bharati prohibited Parliament from amending the Constitution.
False
It prohibited:
Destruction of Basic Structure
Minerva Mills established the Basic Structure Doctrine.
False
Kesavananda Bharati → Established
Minerva Mills → Reaffirmed
368 → Amendment
Part XX → Amendment
Either House
Minister or Private Member
Cannot Initiate
Simple / Special / Special + States
Majority of Total Membership
2/3 Present & Voting
At least 1/2 States
No
No Mandatory Referendum
Shall Give Assent
Judicial Review
Basic Structure
Kesavananda Bharati, 1973
If asked:
"Discuss the power and procedure of Constitutional Amendment under Article 368."
Use this structure:
Define Article 368 and explain the need for constitutional adaptability.
1. Constitutional Basis
Article 368 + Part XX
2. Three Amendment Methods
Simple Majority
Special Majority
Special Majority + State Ratification
3. Procedure
Introduction
↓
Parliamentary Passage
↓
State Ratification where required
↓
President's Assent
4. Limitations
Basic Structure
Judicial Review
5. Important Cases
Kesavananda Bharati
Minerva Mills
Article 368 balances constitutional flexibility with constitutional continuity.
"Article 368 provides the principal constitutional framework for amending the Indian Constitution. It reflects the Constitution-makers' attempt to reconcile stability with adaptability by prescribing different amendment procedures while subjecting Parliament's amending power to the Basic Structure limitation evolved by the Supreme Court."
"Article 368 therefore embodies a balanced approach to constitutional change: Parliament possesses sufficient power to adapt the Constitution to changing circumstances, while State participation and the Basic Structure Doctrine prevent constitutional change from becoming constitutional destruction."
Article 368
↓
Parliament's Constituent Power
↓
Either House
↓
Required Majority
↓
State Ratification where required
↓
President Shall Assent
↓
Constitutional Amendment
↓
Subject to Judicial Review
↓
Basic Structure Cannot Be Destroyed
Article 368 gives Parliament the power to amend the Constitution, but not the power to destroy its constitutional identity.
