AMENDMENT OF THE CONSTITUTION

● Article 368 in Part XX of the Constitution

● Indian Constitution is neither flexible nor rigid but a
synthesis of both

C
PS
● Parliament cannot amend those provisions which form the

U
‘basic structure’ of the Constitution ruled by the Supreme

F
Court in the Kesavananda Bharati case(1973).

O
S
● The procedure for the amendment of the Constitution as laid

ET
down in Article 368 is as follows:
C
● Bill Can be initiated in either house of parliament
FA
● Bill Can be initiated either by Minister or Private member
Introduction of amendment bill :
1. Doesn’t require the prior permssion of President
2. Can’t be initiated in the State Legislature

C
3. Can be introduced by both Private member or minister

PS
4. It should be passed in each house by special (50% +

U
F
2/3rd majority present and voting)

O
S
5. Each house must pass the bill separately (no JOINT

ET
SITTING)
C
FA
6. If bill seeks to amend the federal provisions - Ratified
by legislature of half of states by simple majority
7. President must have to give his assent (neither
withhold nor return in case of CAB)
The Constitution can be amended in three ways:

Simple Majority of Parliament :

C
PS
outside the scope of Article 368

U
F
1. Add New States; Alter names; areas

O
2. Formation of Legislative councils

S
ET
3. Second Schedule
C
FA
4. Citizenship
5. 5th and 6th schedule
6. Official Languages
7. Elections to Parliament and states Legislature
Special Majority Of Parliament

C
The provisions which can be amended by this way

PS
includes:

U
(i) Fundamental Rights;

F
O
(ii) Directive Principles of State Policy; and

S
ET
(iii) All other provisions which are not covered by the first
and third categories. C
FA
Special majority of the of the Parliament and the
ratification of half of the state legislatures

C
related to the federal structure of the polity

PS
There is no time limit within which the states should

U
F
give their consent to the bill

O
S
1. Election of the President

ET
2. Extent of the executive power of the Union and the
C
FA
states.
3. Supreme Court and high courts.
4. Distribution of legislative
Consider the following statements:

1. In order to form a new state in the Indian Union, the Parliament can amend the
provisions of the Constitution with a Simple Majority.

C
2. To amend the provisions of Directive Principles of State Policy, the Parliament

PS
requires a Special Majority.

U
3. To amend Article 368 of the Constitution, the Parliament requires Special

F
Majority along with the consent of half of the state legislatures.

O
S
How many of the statements given above are correct ?

ET
[HPSC - 2023]
C
FA
(A) Only one statement is correct.
(B) Only two statements are correct
(C) All three statements are correct
(D) None of the statements is correct
 ANS : C

FA
C
ET
S
O
F
U
PS
C
Which one of the following statements is not correct regarding the
power and procedure for Constitutional amendment in India?

[UPSC LDCE 2023]

C
PS
U
(a) Parliament must preserve the basic framework of the

F
O
Constitution.

S
(b) Schedule I of the Constitution of India can be amended by an

ET
ordinary legislation.
C
FA
(c) An amendment Bill must be passed by majority prescribed
under Article 368 of the Constitution
(d) The process of Constitutional amendment can be initiated by a
State legislature.
 ANS : D

FA
C
ET
S
O
F
U
PS
C
There are provisions in the Constitution of India which empower the Parliament to
modify or annul the operation of certain provisions of the Constitution without actually
amending them. They include

[CDS I 2014]

C
PS
1. any law made under Article 2

U
(relating to admission or establishment of new States)

F
2. any law made under Article 3 (relating to formation of new States)

O
3. amendment of First schedule and fourth Schedule

S
ET
C
Select the correct answer using the code given below.
FA
A) 1 and 2 only
B) 2 and 3 only
C) 1, 2 and 3
D) None of the above
 ANS : C

FA
C
ET
S
O
F
U
PS
C
Which of the following provisions require(s) ratification from not less than one-half of
the states for an amendment to the Constitution?

[HCS Pre 2022]

C
PS
A. Any of the lists in the Seventh Schedule

U
B. Article 54, Article 55 and Article 73

F
C. Chapter VII

O
D. Chapter I of part IX

S
ET
Choose the correct code :

C
FA
A) A and B
B) B and C
C) C and D
D) A and D
 ANS : A

FA
C
ET
S
O
F
U
PS
C
Consider the following statements:

1. A bill amending the Constitution requires a prior recommendation of the

President of India.
2. When a Constitution Amendment Bill is presented to the President of India, it is

C
PS
obligatory for the President of India to give his/her assent.
3. A Constitution Amendment Bill must be passed by both the Lok Sabha and the

U
Rajya Sabha by a special majority and there is no provision for joint sitting.

F
O
S
[CSE 2022]

ET
C
Which of the statements given above are correct?
FA
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
 ANS : B

FA
C
ET
S
O
F
U
PS
C
Rajya Sabha has equal powers with Lok sabha in :

[CSE 2020]

C
PS
U
(a) the matter of creating new All India Services

F
O
(b) amending the Constitution

S
ET
(c) the removal of the government
C
(d) making cut motions
FA
 ANS : B

FA
C
ET
S
O
F
U
PS
C
Which one of the following statements about a Bill for Amendment of the
Constitution of India is not correct?

(a) It is governed by Article 368(2) of the Constitution of India.

C
PS
(b) Joint sitting can be resorted to for passing a Bill Constitution of India amending
the Constitution of India

U
F
O
(c) The State Legislatures cannot initiate any Bill or proposal for amendment of the

S
Constitution of India.

ET
C
(d) The previous sanction of the President of India is not required for introducing
FA
any Bill' in the Parliament for amendment of the Constitution of India.

[CDS I 2022]
 ANS : B

FA
C
ET
S
O
F
U
PS
C
With regard to a Constitution Amendment Bill, which one of
the following statements is not correct ?

C
[CAPF 2016]

PS
U
F
(a) The Speaker of the Lok Sabha can call a joint sitting of

O
S
both the Houses to pass the Bill

ET
(b) Each House needs to pass the Bill separately by a
C
FA
prescribed special majority
(c) The Bill can be introduced in either House of
Parliament
(d) The Bill can be sponsored by a Private Member
 ANS : A

FA
C
ET
S
O
F
U
PS
C
The amending power of the Parliament is set forth in which
one of the following Articles of the Constitution of India?

C
PS
[CAPF 2016]

U
F
O
(a) Article 368

S
ET
(b) Article 360
(c) Article 13(2) C
FA
(d) Article 370
 ANS : A

FA
C
ET
S
O
F
U
PS
C
Which one of the following judgments declared that the
Parliament has NO power to amend any of the provisions
of Part III of the Constitution of India ?

C
PS
U
[CAPF 2017]

F
O
S
ET
(a) Kesavananda Bharati vs. State of Kerala
C
(b) Golak Nath vs. State of Punjab
FA
(c) Champakam Dorairajan vs. State of Madras
(d) Minerva Mills Ltd. vs. Government of India
 ANS : B

FA
C
ET
S
O
F
U
PS
C
A deadlock between the Lok Sabha and the Rajya Sabha calls for a joint sitting of
the Parliament during the passage of

[CSE 2012]

C
PS
1. Ordinary Legislation

U
2. Money Bill

F
O
3. Constitution Amendment Bill

S
ET
Select the correct answer using the codes given below :

C
(a) 1 only
FA
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
 ANS : A

FA
C
ET
S
O
F
U
PS
C
Which one of the following Bills must be passed by each
House of the Indian Parliamentary separately by special
majority?

C
PS
U
[CSE 2003]

F
O
S
ET
(a) Ordinary Bill
(b) Money Bill C
FA
(c) Finance Bill
(d) Constitution Amendment Bill
 ANS : D

FA
C
ET
S
O
F
U
PS
C
With reference to the Constitution of India, consider the following statements :

[CSE 2019]

C
1) No High Court shall have the jurisdiction to declare any central law to be

PS
constitutionally invalid.

U
F
2) An amendment to the Constitution of India cannot be called into question by the

O
Supreme Court of India.

S
ET
C
Which of the statements given above is/ are correct?
FA
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
 ANS : D

FA
C
ET
S
O
F
U
PS
C
Consider the following statements:

[CSE 2013]

C
1. An amendment to the Constitution of India can be initiated by an introduction of

PS
a bill in the Lok Sabha only.

U
2. If such an amendment a to make changes in the federal character of the

F
O
Constitution, the amendment also requires to be ratified by the legislature of all the

S
States of India.

ET
C
Which of the statements given above is/are correct?
FA
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
 Ans: d

FA
C
ET
S
O
F
U
PS
C
Consider the following statements: An amendment to the Constitution of India can
be initiated by the:

[CSE 1999]

C
PS
1. Lok Sabha

U
2. Rajya Sabha

F
3. State Legislature

O
4. President

S
ET
C
Which of the above statements is/are correct?
FA
(a) Only 1
(b) 1, 2 and 3
(c) 2, 3 and 4
(d) 1 and 2
 Ans : d

FA
C
ET
S
O
F
U
PS
C
Which of the following are matters on which a constitutional amendment is
possible only with the ratification of the legislature of not less than one-half of the
states?

[CSE 1995]

C
PS
U
1. Election of the President

F
2. Representation of states in the Parliament

O
3. Lists in the 7th Schedule

S
ET
4. Abolition of the Legislature Council in a State

C
FA
(a) 1, 2 and 3
(b) 1, 2 and 4
(c) 1, 3 and 4
(d) 2, 3 and 4
 Ans : a

FA
C
ET
S
O
F
U
PS
C
 BASIC STRUCTURE

C
SHANKARI PRASAD CASE :

PS
the constitutional validity of the First Amendment Act (1951), which' curtailed the

U
right to property, was challenged. The Supreme Court ruled that the power of the

F
Parliament to amend the Constitution under Article 368 also includes the power to

O
amend Fundamental Rights. The word 'law' in Article 13 includes only ordinary

S
ET
laws and not the constitutional amendment acts (constituent laws). Therefore, the
Parliament can abridge or take away any of the Fundamental Rights by enacting a
C
FA
constitutional amendment act and such a law will not be void under Article 13.
Golak Nath case (1967) :
Supreme Court reversed its earlier stand and ruled that the

C
Fundamental Rights are given a 'transcendental and

PS
immutable' position and hence, the Parliament cannot

U
abridge or take away any of these rights. A constitutional

F
O
amendment act is also a law within the meaning of Article

S
ET
13 and hence, would be void for violating any of the
Fundamental Rights. C
FA
Kesavananda Bharati case (1973)
Supreme Court overruled its judgement in the Golak
Nath case (1967). It stated that the Parliament can

C
abridge or take away any of the Fundamental Rights.

PS
At the same time, it laid down a new doctrine of the

U
F
'basic structure' (or 'basic features') of the Constitution.

O
It ruled that the constituent power of Parliament under

S
ET
Article 368 does not enable it to alter the 'basic
C
structure' of the Constitution. This means that the
FA
Parliament cannot abridge or take away a Fundamental
Right· that forms a part of the 'basic structure' of the
Constitution.
Kesavananda Bharati Case (1973) :
1. Supremacy of the Constitution
2. Separation of powers3. Republic and democratic form of government 4.
Secular character of the constitution 5. Federal character of the

C
constitution 6. Sovereignty and unity of India 7. Freedom and dignity of

PS
the individual 8. Mandate to build a welfare state 9. Parliamentary System

U
between the legislature, the executive and the judiciary

F
O
3. Republic and democratic form of government

S
4. Secular character of the constitution

ET
5. Federal character of the constitution

C
6. Sovereignty and unity of India
FA
7. Freedom and dignity of the individual
8. Mandate to build a welfare state
9. Parliamentary System
Indira Nehru Gandhi Case :

1. India as a sovereign democratic republic

C
PS
2. Equality of status and opportunity of an Individual

U
3. Secularism and freedom of conscience and religion

F
O
4. Government of laws and not of men (l.e., Rule of law) 5.

S
ET
Judicial review
C
6. Free and fair elections which is implied in democracy
FA
Minerva mills case :

1. limited power of Parliament to amend the constitution

C
PS
2. Judicial review

U
3. Harmony and balance between fundamental rights and

F
O
directive principles

S
ET
C
FA
S.R. Bommai Case' (1994)

C
1. Federalism

PS
2. Secularism

U
3. Democracy

F
O
4. Unity and Integritry of the nation

S
ET
5. Social Justice
6. Judicial review C
FA
Which one of the following cases outlined the basic
structure doctrine of the Indian Constitution?

C
PS
[UPPSC - 2015]

U
F
O
(A) Gopalan v/s Madras State

S
ET
(B) Golaknath v/s Punjab State
C
(C) Keshava Nand Bharti v/s Kerala State
FA
(D) None of these
 ans : c

FA
C
ET
S
O
F
U
PS
C
Which of the following statements are correct in respect of Basic Structure of
Indian Constitution?

(1) It is a form of Judicial Review

C
(2) It is used to test the legality of any legislation by the Courts

PS
(3) The Doctrine of Basic Structure of Constitution gave free hand to Parliament to
amend any part of Constitution

U
F
(4) The Constitution of India defines 'basic structure' in terms of Federalism,

O
Secularism, Fundamental Rights and Socialism.

S
ET
[OPSC - 2023]
C
FA
(A) 1 and 2
(B) 2 and 3
(C) 1 and 4
(D) 3 and 4
 Ans : a

FA
C
ET
S
O
F
U
PS
C
In the SR Bommai v. Union of India case, which one
among the following features of the Constitution of India
was upheld by the Supreme Court as a basic structure ?

C
PS
U
[CDS II 2013]

F
O
S
ET
(a) Liberalism
(b) Secularism C
FA
(c) Dignity of the human person
(d) Freedom of religion
 ans : b

FA
C
ET
S
O
F
U
PS
C
(CDS-I/2015)
In which of the following cases did the Supreme Court rule

C
that Constitutional Amendments were also laws under

PS
Article 13 of the Constitution of India, which could be

U
declared void for being inconsistent with Fundamental

F
O
Rights ?

S
ET
A) C
Keshavanand Bharti case
FA
B) Golaknath case
C) Minerva Mills case
D) Maneka Gandhi case
 Ans : B

FA
C
ET
S
O
F
U
PS
C
The Doctrine of Fundamental Rights cannot be amended
under Article 368 was propounded by the Supreme Court
of India in

C
PS
U
[Karnataka PSC 2020]

F
O
S
ET
(1) Gopalan v/s State of Madras
C
(2) Keshavananda Bharati v/s State of Kerala
FA
(3) Golaknath v/s State of Punjab
(2) Menaka v/s Union of India
 ANS : C

FA
C
ET
S
O
F
U
PS
C
IR Coelho judgment (2007) of the Supreme Court deals
with:

C
PS
[HCS Prelims 2022]

U
F
O
(A) Autonomous institutions

S
ET
(B) Basic Structure of the Constitution
(C) Scheduled Areas C
FA
(D) None of the above
 Ans : b

FA
C
ET
S
O
F
U
PS
C
Consider the following statements:

[CSE 2020]

C
1. The Constitution of India defnes its ‘basic structure’ in terms of

PS
federalism,secularism fundamental rights and democracy.

U
F
2. The Constitution of India provides for ‘judicial review’ to safeguard the citizens’

O
liberties and to preserve the ideals on which the Constitution is based.

S
ET
Which of the statements given above is/are correct?

C
FA
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
 Ans : d

FA
C
ET
S
O
F
U
PS
C
The basic structure doctrine with regard to the Constitution of India relates to

1. the power of judicial review

2. the judgment in Bharati case (1973) Kesavananda

C
3. the constraints on Article 368 of the Constitution of India

PS
4) the judgment in Golaknath case (1967)

U
F
[CDS II 2016]

O
S
Select the correct answer using the code given below

ET
C
(a) 1, 2 and 3 only
FA
(b) 1, 2, 3 and 4
(c) 1 and 3 only
(d) 2 and 4 only
 Ans : a

FA
C
ET
S
O
F
U
PS
C
Which among the following statements about the power to amend the basic
structure of the Constitution is/are correct?

1. It falls outside the scope of amending power of the Parliament

2. It can be exercised by people through representatives in the constituent

C
PS
assembly
3. It falls within the constituent power of the Parliament

U
F
O
(CDS 1 2019)

S
ET
Select the correct answer using the codes given below
C
FA
A) 1 and 3
B) 1 and 2
C) 1 only
D) 2 and 3
 ANS : B

FA
C
ET
S
O
F
U
PS
C
The constitutional principle of the basic structure was
invented by the

C
PS
(CAPF 2012)

U
F
O
A) Executive

S
ET
B) Judiciary
C) Legislature C
FA
D) Civil society
 ANS : B

FA
C
ET
S
O
F
U
PS
C
FA
C
ET
S
O
F
U
PS
C