The Chronological Framework

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Amendment of the Constitution

Master Article 368, Part XX of the Indian Constitution, the types of amendments, the rigid and flexible procedure, and the complete evolution of the Basic Structure doctrine.

1. Constitutional Amendment Procedure & Article 368

Article 368 in Part XX outlines a structured procedure to amend the Constitution. It strikes a balance between rigidity (like the US Constitution) and flexibility (like the British Constitution) to accommodate shifting societal requirements while protecting structural fundamentals.

Procedural Steps

An amendment is initiated by introducing a bill in either House of Parliament (Lok Sabha or Rajya Sabha). The key rules include:

No Prior Recommendation: Prior consent of the President is not required.
Who can introduce: Can be introduced by a Minister or a Private Member.
Special Majority: Must be passed by a majority of the total membership of the House and a majority of not less than two-thirds of the members present and voting.
No Joint Sitting: If the Houses disagree, the bill dies. There is no joint sitting.
Obligatory Assent: The President must sign the bill once passed (24th Amendment, 1971).

The Basic Structure Doctrine

In the Kesavananda Bharati case (1973), the Supreme Court ruled that while Parliament has wide powers under Article 368, it cannot alter the fundamental features that make up the 'Basic Structure' of the Constitution (e.g., secularism, federalism, judicial review, democracy). This ensures that the amendment power is not used to destroy the Constitution itself.

Path of a Constitutional Amendment Bill

Elements of the Basic Structure (UPSC Checklist)

Although not defined in the Constitution, the Supreme Court has identified several features as part of the Basic Structure through various judgments:

Supremacy of the Constitution
Sovereign, democratic and republican nature
Secular and federal character
Separation of powers
Unity and integrity of the nation
Welfare state (social and economic justice)
Judicial Review
Freedom and dignity of the individual
Parliamentary system
Rule of Law
Harmony between FRs and DPSPs
Principle of equality
Free and fair elections
Independence of the Judiciary
Limited power of Parliament to amend
Effective access to justice

2. Types of Amendments & State Ratification

The Constitution provides for three types of amendments, ensuring that different provisions are subjected to varying degrees of consensus depending on their federal and structural significance.

The Three Classes of Amendments

Provisions are categorised into three classes depending on the amendment intensity required:

By Simple Majority of Parliament (Outside Article 368): Passed like ordinary laws. Cover administrative topics such as: admission/establishment of new states, official language, citizenship, delimitation of constituencies, rules of procedure, second schedule salaries, and administration of scheduled/tribal areas (5th and 6th Schedules).
By Special Majority under Article 368: Requires 2/3 present & voting + majority of total membership. Covers: Fundamental Rights (Part III) and Directive Principles of State Policy (Part IV).
By Special Majority & State Ratification: Required for federal provisions. Must be ratified by legislatures of half the states by a simple majority. Covers: President's election, Supreme Court & High Courts, division of legislative powers, 7th Schedule lists, representation of states in Parliament, and Article 368 itself.

Federal Consensus Rationale

The requirement of state ratification protects the **federal character** of the Indian polity. It prevents the ruling party at the center from unilaterally altering the division of powers, financial relations, or judicial structures without obtaining the consent of at least half of the state units, ensuring a cooperative federal consensus.

UPSC Quick Comparison: Amending Majorities

Category	Scope under Art. 368	Required Majority in Parliament	State Ratification	Examples
Simple Majority	No (Outside 368)	50% of present & voting	Not required	Abolition of Legislative Councils (Art. 169), Citizenship, 5th & 6th Schedules
Special Majority	Yes (Under 368)	50% of total membership AND 2/3 of present & voting	Not required	Fundamental Rights, Directive Principles of State Policy (DPSP)
Special Majority + States	Yes (Under 368)	50% of total membership AND 2/3 of present & voting	Required by simple majority in half the state legislatures	Presidential election, SC/HC, 7th Schedule lists, Article 368 itself

Evolution of Basic Structure & Amending Power

Shankari Prasad Case — 1951: Supreme Court upheld the 1st Amendment Act, ruling that Parliament can amend Fundamental Rights under Article 368. Held that 'law' under Article 13 does not include constitutional amendment laws.
Sajjan Singh Case — 1965: Supreme Court upheld the validity of the 17th Amendment Act, reiterating the Shankari Prasad position that Parliament can amend any part of the Constitution, including Fundamental Rights.
Golak Nath Case — 1967: A 11-judge bench reversed previous decisions. Ruled that Fundamental Rights have a 'transcendental' position and cannot be abridged. Declared that constitutional amendments are 'law' under Article 13.
24th Amendment Act — 1971: Parliament reacted by amending Article 13 and 368. Added clauses declaring that nothing in Article 13 applies to amendments under Article 368, and made presidential assent to amendment bills mandatory.
Kesavananda Bharati Case — 1973: A historic 13-judge bench (7:6) upheld the 24th Amendment but introduced the **'Basic Structure'** doctrine. Ruled that Parliament's amending power under Article 368 is limited and cannot destroy core features.
Indira Nehru Gandhi Case — 1975: The Supreme Court applied the Basic Structure doctrine to strike down Clause (4) of Article 329A (39th Amendment), which sought to keep election disputes of PM/Speaker outside judicial review.
42nd Amendment Act — 1976: Parliament added Clause (4) and (5) to Article 368, declaring that there is no limitation on the constituent power of Parliament and bar on judicial review of constitutional amendments.
Minerva Mills Case — 1980: Supreme Court struck down Clause (4) and (5) of Article 368 added by the 42nd Amendment, holding that judicial review and a limited amending power of Parliament are basic features.
Waman Rao Case — 1981: Supreme Court clarified that the Basic Structure doctrine applies to all constitutional amendments enacted after April 24, 1973 (date of the Kesavananda verdict).
I.R. Coelho Case — 2007: Supreme Court ruled that laws placed in the Ninth Schedule after April 24, 1973, are subject to judicial review. If they violate Fundamental Rights forming part of the basic structure, they are void.
NJAC Case (99th Amendment) — 2015: Supreme Court struck down the 99th Amendment establishing the National Judicial Appointments Commission, ruling that it violated the 'Independence of Judiciary' (a basic feature).

Key Questions & Answers

Which article and part of the Indian Constitution deal with the amendment procedure?: Article 368 in Part XX of the Constitution.
Does a constitutional amendment bill require the prior recommendation of the President?: No, it does not require prior recommendation of the President and can be introduced by either a minister or a private member.
Is a joint sitting permitted if there is a deadlock between the two Houses on an amendment bill?: No, there is no provision for a joint sitting under Article 368. Each House must pass the bill separately by a special majority.
Can state legislatures initiate a constitutional amendment bill?: No, the power to initiate an amendment lies exclusively with the Parliament . State legislatures cannot introduce such bills.
Can the President return a constitutional amendment bill for reconsideration?: No, the President must give his assent to the bill. He can neither withhold assent nor return the bill (mandated by the 24th Amendment, 1971).

Memory Aids

Mnemonic 1: Procedure Check: Remember these two procedural rules: **N**o **J**oint sitting is allowed in case of disagreement, and **N**o **P**rior permission of the President is required to introduce the bill.
Mnemonic 2: Presidential Assent: The **24**th Amendment Act of 1971 made it **Must** (mandatory) for the President to give his assent to a constitutional amendment bill.
Mnemonic 3: Federal Amendment Ratification: For federal amendments, ratification by at least **Half** of the states is required, and they must pass it by a **Simple** majority.

Common Exam Traps

Trap 1: Do not confuse amendments passed by simple majority with Article 368. Amendments under Article 368 require either a special majority or a special majority with state ratification. Simple majority amendments are outside the scope of Article 368.
Trap 2: State ratification of federal amendments does not require a special majority in state legislatures. It only requires a simple majority of members present and voting in half of the state legislatures.
Trap 3: The President cannot use suspense veto or absolute veto on constitutional amendment bills. Unlike ordinary bills, he has no choice but to sign them.
Trap 4: The 'Basic Structure' is not defined anywhere in the Constitution. It is a judicial innovation introduced in the Kesavananda Bharati case (1973) and is updated by courts on a case-by-case basis.

Practice Zone: 50 Questions

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Constitutional Provisions

Article 368 (Part XX) deals with the power of Parliament to amend the Constitution and its procedure.
The Constitution provides for a flexible yet rigid process, balancing stability with the need for change.

Types of Amendments

Amendments can be categorized into three types based on the majority required:

Simple Majority: Amendments that do not fall under Article 368. Includes changes to state boundaries, creation of new states, quorum in Parliament, and official language.
Special Majority: Required for most provisions. Requires a majority of the total membership of each House and a majority of not less than two-thirds of the members present and voting.
Special Majority + Ratification: Required for provisions affecting the federal structure (e.g., Election of President, Supreme Court/High Courts, GST Council, Representation of States in Parliament). Requires ratification by at least half of the state legislatures by a simple majority.

Procedure for Amendment

Initiation: Can be introduced only in either House of Parliament (not state legislatures).
Introduction: Can be introduced by a Minister or a private member; no prior permission of the President is required.
Passage: Must be passed by each House by the prescribed majority.
Deadlock: There is no provision for a joint sitting in case of a disagreement between the two Houses.
Presidential Assent: The President must give assent to the bill (the 24th Amendment Act, 1971 made it mandatory). The President cannot withhold assent or return the bill.

Key Judicial Doctrines

Shankari Prasad Case (1951): Parliament can amend any part of the Constitution, including Fundamental Rights.
Golaknath Case (1967): Parliament cannot amend Fundamental Rights; they are 'sacrosanct'.
Kesavananda Bharati Case (1973): Parliament can amend any part of the Constitution, but it cannot alter the 'Basic Structure'.
Minerva Mills Case (1980): Reaffirmed the Basic Structure doctrine and limited Parliament's constituent power.

Important Amendments to Remember

24th Amendment (1971): Asserted Parliament's power to amend any part of the Constitution.
42nd Amendment (1976): Known as the 'Mini-Constitution'; attempted to reduce judicial review powers.
44th Amendment (1978): Restored some powers of the judiciary and corrected excesses of the 42nd Amendment.

Limitations

The power to amend is constituent power, not legislative power.
The Basic Structure (e.g., Supremacy of Constitution, Secularism, Separation of Powers, Judicial Review) remains beyond the reach of the amending power.