Article 368 in One Paragraph: How the Constitution Is Amended

Article 368 Amendment of the Constitution: Procedure and Key Amendments Explained

Quick Answer: Article 368 of the Indian Constitution empowers Parliament to amend the Constitution by way of addition, variation or repeal of any provision. Amendment happens through three routes: (1) simple majority — outside Article 368, by ordinary legislative procedure; (2) special majority — a majority of the total membership of each House plus two-thirds of members present and voting, which covers most provisions including Fundamental Rights; and (3) special majority plus ratification by at least half the state legislatures — for provisions affecting the federal structure, the judiciary and Article 368 itself.

Why Article 368 Matters in UPSC and SSC Exams

Constitutional amendment is a perennial favourite in UPSC Prelims, SSC CGL/CHSL and Banking awareness sections. UPSC Prelims has repeatedly tested the distinction between types of majority, the procedure for Constitutional Amendment Bills, and the content of specific amendments such as the 42nd, 44th and 101st. In UPSC Mains (GS-II: Polity), questions on amending the Constitution — its flexibility versus rigidity, and the basic structure doctrine from Kesavananda Bharati v. State of Kerala (1973) — appear regularly. For SSC exams, factual one-liners on the 73rd Amendment, GST and the 103rd EWS Amendment are high-yield.

Three Types of Majorities: Simple, Special and Effective Majority Explained

• Simple Majority: More than 50% of members present and voting. Used for ordinary legislation and amendments outside Article 368 (e.g., creation of new states).
• Special Majority: A majority of the total membership of the House (i.e., more than 50% of total strength) and at least two-thirds of members present and voting. This is the Article 368 standard.
• Effective Majority: More than 50% of the total strength of the House (e.g., 273 of 543 in the Lok Sabha). It applies to removal of constitutional functionaries such as the President, judges and the CAG — a useful contrast, though not used for amendments under Article 368.

Route 1: Amendment by Simple Majority (Outside Article 368)

Several provisions can be amended by Parliament through the ordinary legislative process — a simple majority — and are not deemed amendments under Article 368. Examples include:

• Admission or creation of new states (Articles 2, 3, 4)
• Citizenship provisions (Articles 11, 12 context — citizenship laws)
• Salaries and allowances of members of Parliament
• Election laws and quorum rules
• Second Schedule emoluments; Fifth and Sixth Schedule administration

Such changes follow the same route as an ordinary Bill and require no state ratification.

Route 2: Amendment by Special Majority (Article 368)

The bulk of the Constitution — including Fundamental Rights and Directive Principles — is amended by special majority: a majority of the total membership of each House and two-thirds of the members present and voting in each House. Following the 24th Amendment (1971) and the Kesavananda Bharati verdict (1973), Fundamental Rights are amendable under Article 368 by special majority alone, subject to the basic structure doctrine, which bars amendments that destroy the Constitution’s essential features.

Route 3: Special Majority + Ratification by Half the States

Amendments touching the federal compact need ratification by legislatures of at least half the states (by simple majority there), before Presidential assent. These provisions include:

• Election of the President (Articles 54, 55) and extent of executive power (Articles 73, 162)
• Union judiciary and High Courts (Articles 124–147, 214–231, 241)
• Distribution of legislative powers (Seventh Schedule; Articles 245, 246)
• Representation of states in Parliament (Article 4 changes to Fourth Schedule)
• Article 368 itself

Step-by-Step Procedure of Amendment Under Article 368

1. A Constitutional Amendment Bill may be introduced in either House of Parliament — by a Minister or a private member — and only in Parliament, never in a state legislature.
2. Unlike ordinary Bills, no prior permission of the President is required for introduction.
3. Each House must pass the Bill by a special majority separately; there is no provision for a joint sitting under Article 108 for such Bills.
4. If the Bill affects the federal provisions listed above, it must be ratified by at least half the state legislatures (by simple majority).
5. After passage, the Bill is presented to the President, who must give assent (the 24th Amendment made Presidential assent obligatory).
6. The amendment comes into force from the date specified in the assented Act.

42nd Amendment (1976): The ‘Mini Constitution’

The 42nd Amendment made the widest-ranging changes in constitutional history:

• Added the words “socialist”, “secular” and “integrity” to the Preamble.
• Added Fundamental Duties (Part IVA, Article 51A) on Swaran Singh Committee recommendations — originally 10 duties.
• Gave primacy to Directive Principles over Fundamental Rights (Articles 14 and 19 curtailed).
• Curtailed judicial review and enlarged the Lok Sabha term (5 to 6 years, later reversed).
• Added the words “All India Courts” context and education, forests, weights and measures to the Union and Concurrent Lists.

44th Amendment (1978): Undoing the Excesses

• Removed the Right to Property from Fundamental Rights; it became a legal/constitutional right under Article 300A.
• In National Emergency provisions, replaced “internal disturbance” with “armed rebellion”.
• Made the proclamation of Emergency require written Cabinet advice; restored judicial review of Emergency proclamations.
• Restored the Lok Sabha and state assembly terms to five years.

73rd Amendment (1992): Panchayati Raj

Effective from 24 April 1993, it gave constitutional status to Panchayati Raj institutions:

• Three-tier system: village, intermediate and district levels (Part IX, Articles 243–243O).
• Added the 11th Schedule with 29 functional subjects.
• Mandatory one-third reservation for women (including SC/ST women) in seats and chairperson posts.
• State Election Commissions (Article 243K) and Finance Commissions (Article 243I) for panchayats every five years.

101st Amendment (2016): GST

• Introduced the Goods and Services Tax (GST), effective 1 July 2017.
• Inserted Article 246A (concurrent GST power) and Article 269A (inter-state supply of goods and services).
• Created the GST Council under Article 279A — Union Finance Minister as Chairperson, Union Minister of State for Finance and state finance ministers as members.
• Required ratification by half the states as it altered the Seventh Schedule distribution of powers.

103rd Amendment (2019): 10% EWS Reservation

• Provided up to 10% reservation for Economically Weaker Sections (EWS) in education and public employment (Articles 15(6) and 16(6)).
• First reservation based purely on economic criteria, exceeding the 50% ceiling set by Indra Sawhney.
• Upheld by a 3:2 majority of the Supreme Court Constitution Bench in Janhit Abhiyan v. Union of India (2022).

Quick Revision Table and Practice MCQs

Practice MCQs:

1. A Constitutional Amendment Bill can be introduced in: (a) Lok Sabha only (b) Either House of Parliament (c) Any state legislature (d) Joint sitting — Answer: (b)
2. The 73rd Amendment added the 11th Schedule containing how many subjects? — Answer: 29
3. The GST Council is constituted under which Article? — Answer: Article 279A
4. Which amendment deleted the Right to Property from Fundamental Rights? — Answer: 44th Amendment (1978)

For authoritative texts, refer to the Constitution on the Ministry of Law’s legislative portal, PIB releases on constitutional amendments, and India Code for amendment Acts.

Frequently Asked Questions

Q: Does amending Fundamental Rights require ratification by states?

No. As clarified by the 24th Amendment (1971) and the Kesavananda Bharati judgment (1973), Fundamental Rights can be amended by Parliament under Article 368 by special majority alone — subject only to the basic structure limitation. No state ratification is needed.

Q: Can a Constitutional Amendment Bill be introduced in a Rajya Sabha?

Yes. Such a Bill can be introduced in either House of Parliament, by a Minister or a private member. It cannot be introduced in a state legislature, and there is no provision for a joint sitting of both Houses for such Bills.

Q: How many state legislatures must ratify an amendment affecting the federal structure?

At least half (50%) of the state legislatures must ratify the amendment by simple majority before it is presented to the President for assent.

Q: Why is the 42nd Amendment called the Mini Constitution?

Because it made sweeping changes — inserting “socialist, secular, integrity” into the Preamble, adding Fundamental Duties, giving Directive Principles primacy and curtailing judicial review — touching more provisions than any other amendment in history.

Q: What is the effective majority in the amendment context?

Effective majority means more than 50% of the total strength of the House (e.g., 273 of 543 in the Lok Sabha). It is used mainly for removal of constitutional functionaries such as the President, Vice President, judges and the CAG, and serves as a useful contrast to the special majority required under Article 368.

Related reading

• DPSP in Focus: Articles 36–51, Directive Principles vs Fundamental Rights for UPSC Prelims
• Parts of the Indian Constitution: All 25 Parts, Key Articles and Memory Table for UPSC Prelims

Related explainers

Regulating Act 1773 to Government of India Act 1935: Complete Timeline of Colonial Acts for UPSC Polity & History

DPSP in Focus: Articles 36–51, Directive Principles vs Fundamental Rights for UPSC Prelims

Parts of the Indian Constitution: All 25 Parts, Key Articles and Memory Table for UPSC Prelims