The Amendment Procedure under Article 368

2.1 Types of Amendments

The Indian Constitution is partly rigid and partly flexible. Amendments fall into three categories based on procedure:

Category 1 — Simple Majority (Articles not covered under Article 368):
These are changed by ordinary legislation (simple majority in each house). Examples:

• Admission of new states or creation of new states (Article 2, 3)
• Abolition/creation of Upper Houses in state legislatures (Article 169)
• Creation of All India Services (Article 312)
• Changes in Scheduled Areas and tribal areas (5th Schedule)
• Citizenship provisions (Part II)
• Official language provisions (Part XVII)

Category 2 — Special Majority (Article 368 core procedure):
Most substantive constitutional amendments require:

• Absolute majority of total membership of each House (i.e., majority of 272 in Lok Sabha based on 543 total members), AND
• Two-thirds majority of members present and voting in each House

If the two Houses disagree, there is NO provision for a joint sitting under Article 368 (unlike ordinary legislation under Article 108). A deadlocked amendment bill lapses.

Category 3 — Special Majority + State Ratification:
For provisions affecting federal balance, at least half the state legislatures must also ratify. Provisions requiring state ratification include:

• Election of the President (Article 54, 55)
• Extent of executive and legislative power of the Union and states (Article 73, 162)
• Articles 241, 279A (matters relating to Supreme Court and High Courts — Articles 124–147, 214–231)
• Lists of 7th Schedule (Union, State, and Concurrent Lists)
• Representation of states in Parliament
• Article 368 itself

2.2 Comparison with Other Constitutions

Feature	India	USA	UK	Australia
Written/Rigid?	Partly rigid	Rigid	Flexible (unwritten)	Rigid
Special majority needed?	Yes (Art 368)	Yes (2/3 each house)	No (simple majority)	Yes (double majority)
State ratification?	Some provisions	3/4 states for Constitution	Not applicable	Majority of states + national majority
Judicial review of amendments?	Yes (Basic Structure)	No explicit doctrine	N/A	No

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