Key facts

  • Article 368 gives Parliament constituent power, but Kesavananda Bharati, 1973 makes that power limited by basic structure.
  • Simple-majority changes under Articles 2, 3, 4 and 169 are not treated as Article 368 amendments.
  • The 24th, 25th, 39th, 42nd and 44th Amendments form the core amendment-doctrine timeline.
  • Minerva Mills, 1980 held limited amending power and FR-DPSP harmony to be basic features.
  • Post-24 April 1973 Ninth Schedule insertions can be tested after Waman Rao and I.R. Coelho.

Key Points at a Glance

  1. 1

    Article 368 gives Parliament constituent power, but Kesavananda Bharati, 1973 makes that power limited by basic structure.

  2. 2

    Most amendments need a special majority in each House; some federal changes also need ratification by at least half the States.

  3. 3

    Simple-majority changes under Articles 2, 3, 4 and 169 are not treated as Article 368 amendments.

  4. 4

    The 24th, 25th, 39th, 42nd and 44th Amendments form the core amendment-doctrine timeline.

  5. 5

    Minerva Mills, 1980 held limited amending power and FR-DPSP harmony to be basic features.

  6. 6

    Post-24 April 1973 Ninth Schedule insertions can be tested after Waman Rao and I.R. Coelho.

  7. 7

    The 101st, 103rd, 105th and 106th Amendments are recent high-yield examples for federalism and reservation.

  8. 8

    No referendum or joint sitting exists for Article 368 constitutional amendment Bills in India.

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Exam map: amendment power is wide, not unlimited

  • Core idea: Amendment of the Constitution means formally changing the constitutional text by addition, variation or repeal. In India, this is mainly governed by Part XX, Article 368, but some changes are made by ordinary legislative majorities where the Constitution expressly says so.
  • Why UPSC asks this topic often: It combines procedure, federal consent, judicial review, landmark amendments and landmark cases. A question may look factual but usually tests whether Parliament is acting as an ordinary legislature, as a constituent body under Article 368, or under a special constitutional route such as Article 4 or Article 169.
  • Article 368(1): Parliament may, in exercise of constituent power, amend by way of addition, variation or repeal any provision of the Constitution in accordance with Article 368. The phrase “constituent power” was inserted by the 24th Amendment, 1971 after Golaknath, 1967.
  • Article 368(2): A constitutional amendment Bill may be introduced in either House of Parliament. It must be passed in each House separately by a majority of the total membership of that House and by at least two-thirds of members present and voting.
  • No joint sitting: If the Houses disagree on a constitutional amendment Bill, Article 108 joint sitting is not available. Each House must independently pass the Bill with the required special majority.
  • President’s role: After the 24th Amendment, Article 368 says the President shall give assent to a duly passed Constitution Amendment Bill. The ordinary return power used for non-money Bills under Article 111 does not operate in the same way for Article 368 amendments.
  • State ratification area: If an amendment changes federal provisions listed in the proviso to Article 368(2), it also needs ratification by at least one-half of State legislatures before presidential assent.
  • Three practical categories: simple majority changes outside Article 368; special majority changes under Article 368; and special majority plus State ratification for federal features.
  • Basic-structure overlay: Even a procedurally perfect amendment can be invalid if it damages the basic structure. This is the key post-1973 rule from Kesavananda Bharati.
  • Prelims trap: “Amendment” is not one uniform procedure. Always identify the provision being changed, the majority required, whether State ratification is triggered, and whether basic-structure review can arise.

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PredictedPredicted Questions

Use these prompts to test answer structure before moving to practice.

1MCQConsider the following statements about Article 368: 1. A Constitution Amendment Bill may be introduced only in Lok Sabha. 2. There is no joint sitting for resolving disagreement on such a Bill. 3. Some amendments need ratification by at least half of State legislatures. Which statements are correct?1 marks · 50 words
  1. A1 and 2 only
  2. B2 and 3 onlyCorrect
  3. C1 and 3 only
  4. D1, 2 and 3

Explanation

The Bill may be introduced in either House. No joint sitting exists, and specified federal amendments require State ratification.

~50 words · 1 marks