CHAPTER 6 · THE CONSTITUTION OF INDIA
Procedure for Amendments
Article 368 · Part XX · Exam-Oriented Summary Notes
● 1. Introduction — Key Framework
Constitutional Provision
■ Part XX of the Indian Constitution deals with 'Amendment of the Constitution.'
■ It consists of only one Article — Article 368.
■ Article 368 was amended by the 24th Amendment (1971) and 42nd Amendment (1976).
■ Amendment procedure is different from ordinary legislation — checks Parliament's arbitrary authority.
Parliament's Power: May amend by way of Addition, Variation, or Repeal of any provision.
Key Limitation: Cannot amend provisions forming the 'Basic Structure' of the Constitution — ruled in
Kesavananda Bharati case.
★ EXAM TIP: Article 368 is in Part XX. Remember: Part XX = 'Amendment.' Only ONE article (368) covers this
entire topic.
● 2. Procedure Under Article 368
Steps to Amend the Constitution [Article 368(2)]
1. Introduction of a Bill in either House of Parliament (Lok Sabha or Rajya Sabha).
2. Bill passed in each House by majority of total membership of that House.
3. Also passed by not less than 2/3 of members present and voting in each House.
4. Presented to President who shall give assent (President cannot refuse).
5. Constitution stands amended in accordance with the Bill.
When State Ratification is ALSO Required [Article 368(3)]
Amendment must be ratified by legislatures of not less than ½ of the States if it changes:
■ Articles 54, 55, 73, 162, 241, or 279A
■ Chapter IV of Part V / Chapter V of Part VI / Chapter I of Part XI
■ Any List in the Seventh Schedule
■ Representation of States in Parliament
■ Provisions of Article 368 itself
Other Sub-clauses of Article 368
■ Clause (4): Article 13 shall NOT apply to amendments under Article 368.
■ Clause (5): No amendment shall be questioned in any court on any ground.
■ Clause (6): No limitation on Parliament's constituent power to amend.
★ EXAM TIP: Clause (5) was inserted by 42nd Amendment to make amendments non-justiciable — but
Kesavananda Bharati Basic Structure doctrine overrides this through judicial review.
● 3. Three Methods of Amendment
② SPECIAL MAJORITY 2/3 ③ SPECIAL + ½ STATES 2/3
① SIMPLE MAJORITY >50% present+voting +>50% total present+voting +½ State
present & voting NOT Article 368 strength Article 368(2) legislatures Article 368(3)
• New states / alteration
• Legislative councils
• Official language
• Citizenship
• Elections
• Second Schedule (Emoluments) • Fundamental Rights
• Quorum in Parliament • Election of President
• Directive Principles
• Salaries of members • SC & HC powers
• Removal of HC/SC Judges
• Parliamentary privileges • State representation in Parliament
• National Emergency
• English in Parliament • Distribution of legislative powers
• Remove Chief Election
• Fifth Schedule Commissioner • Executive power extent
• Sixth Schedule • Remove CAG • Seventh Schedule Lists
• Delimitation • All non-ratification provisions • Article 368 itself
★ EXAM TIP: Simple Majority = NOT Article 368. Special Majority = Article 368(2). Special + States = Article
368(3). This distinction is frequently tested in MCQs.
● 4. Basic Structure Doctrine
Rule: Parliament can amend any part including Fundamental Rights, but CANNOT alter the 'Basic
Structure.'
Source: Kesavananda Bharati case (1973) — laid down by the Supreme Court.
Note: Basic Structure is NOT exhaustively defined — it evolves through judicial interpretation.
18 Recognised Basic Features of the Constitution
1. Supremacy of the Constitution 10. Separation of powers
2. Welfare state (socio-economic justice) 11. Parliamentary system
3. Principle of equality 12. Limited power of Parliament to amend
4. Sovereign, democratic, republican polity 13. Federal character of Constitution
5. Judicial Review 14. Rule of law
6. Free and fair elections 15. Effective access to justice
7. Secular character of Constitution 16. Unity and integrity of the nation
8. Freedom and dignity of individual 17. Harmony between FRs and DPSPs
9. Independence of Judiciary 18. Reasonableness
★ EXAM TIP: Judicial Review = Supreme Court can declare an amendment unconstitutional if it violates Basic
Structure. This is Parliament's key limitation.
● 5. Important Constitutional Amendments
42nd Amendment Act, 1976
■ Most extensive amendment to the Constitution.
■ Presidential assent: December 18, 1975.
■ Brought significant operational changes; gave Parliament wide amending powers.
44th Amendment Act, 1979
■ Presidential assent: April 30, 1975.
■ Attempted to correct distortions introduced by the 42nd Amendment.
73rd Amendment Act, 1992
■ Added Part IX — Articles 243 to 243-O.
■ Established the three-tier Panchayati Raj system in rural areas.
74th Amendment Act, 1992
■ Added Part IXA — Urban Local Bodies / Municipalities.
■ Introduced Wards Committees; reserved seats for women and STs.
■ Added 12th Schedule — 18 subjects under municipal jurisdiction.
86th Amendment Act, 2002
■ Made free and compulsory education a Fundamental Right.
■ Applicable to children aged 6 to 14 years.
■ Manner of implementation determined by State legislation.
★ EXAM TIP: 73rd = Rural (Panchayat) | 74th = Urban (Municipalities) | 86th = Right to Education (6–14 years).
Frequently paired in MCQs.
● 6. Landmark Cases on Constitutional Amendment
Shankari Prasad Singh Deo vs. Union of India
1951
SC unanimously held: Article 368 gives Parliament power to amend the Constitution including Fundamental
Rights, without exception.
Sajjan Singh Case
1965
SC reaffirmed: Parliament can amend any part including Fundamental Rights. Two dissenting judges raised
concerns about FRs becoming a 'plaything of majority party.'
Golaknath Case
1967
SC reversed earlier view: Article 368 only provides procedure for amendment, does NOT grant power to
amend. Parliament cannot take away or abridge FRs in Part III.
Kesavananda Bharati vs. State of Kerala
1973 — MOST IMPORTANT
Introduced the Basic Structure Doctrine: Constitution's basic structure cannot be abrogated even by
constitutional amendment. Listed: Supremacy of Constitution, Unity & Sovereignty, Democratic & Republican
government, Federal character, Secular character, Separation of powers, Individual freedom.
Indira Nehru Gandhi vs. Raj Narain
1975
SC applied Basic Structure doctrine and struck down Clause (4) of Article 329-A (inserted by 39th Amendment).
The 39th Amendment had placed elections of President, VP, PM & Speaker beyond judicial scrutiny — held
unconstitutional as it destroyed basic features.
★ EXAM TIP: Case progression: 1951 (can amend FRs) → 1965 (same) → 1967 (cannot touch FRs) → 1973
(Basic Structure — KEY CASE) → 1975 (Basic Structure applied).
● 7. Criticisms of the Amendment Procedure
Criticisms
■ No special body (like a Constitutional Convention as in USA) — process resembles ordinary
legislation.
■ States cannot initiate amendments (except creation of legislative councils).
■ States' role is minimal — only ½ of states needed (USA requires ¾ of states).
■ No time limit for state legislatures to give consent.
■ Constitution is silent on whether states can withdraw consent once given.
■ No provision for joint sitting in case of deadlock between two Houses.
■ Procedures are too sketchy — leaves scope for judicial intervention.
MCQ Quick Revision
Q1. Provision & Procedure to amend the Indian Constitution are contained in which Article?
(a) Art. 356 (b) Art. 368 (c) Art. 370 (d) Art. 362
✔ Answer: (b) Article 368
Q2. What are the two types of majority prescribed for amendment in the Indian Constitution?
(a) Complete, Full (b) Special, Substantial (c) Simple, Special with consent of Half States (d) Normal
✔ Answer: (c) Simple Majority, Special Majority with consent of Half of the State
Q3. Removing Judges of HC & SC can be amended through:
(a) Simple Majority (b) Special + Half States (c) 100% (d) 75%
✔ Answer: (b) Special Majority with consent of Half of the State
Q4. Provision for use of Official Language can be amended through:
(a) Simple Majority (b) Special + Half States (c) 100% (d) 75%
✔ Answer: (a) Simple Majority
Q5. Doctrine of Basic Structure was brought to limelight in:
(a) Shankari Prasad (b) Sajjan Singh (c) Indira Gandhi vs Raj Narain (d) Kesavananda Bharati
✔ Answer: (d) Kesavananda Bharati vs. State of Kerala
© The Institute of Chartered Accountants of India · Chapter 6 — The Constitution of India · Exam Summary Notes