GS-II · Polity · Constitution Basics

Amending the Constitution — flexible enough to live, rigid enough to last.

India's founders rejected both a frozen document and one that could be rewritten on a whim. Article 368 is the result — three tiers of difficulty — and the Supreme Court added the final lock: the basic structure. This is the whole machinery, plus the case-by-case war between Parliament and the Court that produced it.

The direct answer

Article 368 lets Parliament amend the Constitution by three routes — simple majority, special majority, or special majority + ratification by half the states. But since Kesavananda Bharati (1973), one limit stands: Parliament may amend any provision, yet cannot destroy the Constitution's basic structure.

The three routes

Not every amendment is equally hard.

The difficulty depends on how "federal" the provision is.

Type 1

Simple majority

Some provisions can be changed by an ordinary majority — like a normal law. E.g. admission of new states, creation/abolition of legislative councils, citizenship, salaries. Technically outside Article 368.

Type 2

Special majority

Most of the Constitution — including Fundamental Rights and Directive Principles — needs a majority of the total membership of each House AND two-thirds of members present and voting.

Type 3

Special majority + states

Federal provisions also need ratification by the legislatures of at least half the states before the President's assent.

Article 368 step by step

How an amendment actually passes.

1A bill is introduced in either House of Parliament (not state legislatures) — by a minister or a private member; no prior permission of the President is needed.
2It must be passed in each House separately by the required special majority. There is no provision for a joint sitting to resolve a deadlock.
3For federal provisions, it is then ratified by at least half the state legislatures (by simple majority) before going to the President.
4The President must give assent — the 24th Amendment (1971) made assent mandatory; the President can neither withhold nor return an amendment bill.
The federal lock

Special majority alone vs + state ratification.

Knowing which provisions need the states is a repeat Prelims question.

QuestionSpecial majority (Parliament only)Special majority + half the states
NatureNon-federal provisionsFederal provisions affecting Centre–state balance
ExamplesFundamental Rights, DPSPs, most of the ConstitutionElection of the President; distribution of legislative powers; the Seventh Schedule; representation of states; Article 368 itself
State roleNoneRatification by legislatures of at least half the states
Parliament vs the Court

How the basic structure was born.

A three-decade tug-of-war — every case is a favourite Prelims fact.

Shankari Prasad (1951) & Sajjan Singh (1965)The Court held that "law" in Article 13 does not include a constitutional amendment — so Parliament could amend even Fundamental Rights.
Golaknath (1967)Reversed: Fundamental Rights are "transcendental" and Parliament cannot amend them.
24th Amendment (1971)Parliament struck back — declared it can amend any part, including Fundamental Rights, and made the President's assent to amendments mandatory.
Kesavananda Bharati (1973)The 13-judge Bench (7:6) delivered the compromise that still governs India: Parliament can amend any provision, but not the basic structure.
Minerva Mills (1980)Struck down clauses of the 42nd Amendment that tried to give Parliament unlimited amending power — judicial review and limited amending power are themselves basic structure.
I.R. Coelho (2007)Even laws placed in the Ninth Schedule after 24 April 1973 can be tested against the basic structure — the Ninth Schedule is no longer an absolute shield.
The lock itself

What counts as "basic structure"?

An open, illustrative list — never exhaustively defined

The Court deliberately never gave a closed definition. Over time it has recognised as basic structure: the supremacy of the Constitution, the republican and democratic form of government, secularism, separation of powers, federalism, judicial review, the rule of law, free and fair elections, the parliamentary system, and the independence of the judiciary. This flexibility is the doctrine's strength — it adapts to new threats.

Why it matters beyond theory

The doctrine is the reason the NJAC (99th Amendment) was struck down in 2015 — it was held to violate the independence of the judiciary. It is India's ultimate constitutional safeguard against majoritarian overreach.

Current affairs · amendments in play

The recent amendments that make news.

The amendment story is still being written — track the live ones.

2019103rd — EWS reservationIntroduced 10% reservation for Economically Weaker Sections. Upheld by the Supreme Court in Janhit Abhiyan v. Union of India (2022) as not violating the basic structure.
2021105th — state OBC listsRestored the power of state governments to identify and notify their own Socially and Educationally Backward Classes.
2023106th — Women's ReservationThe Nari Shakti Vandan Adhiniyam reserves 33% of Lok Sabha and state-assembly seats for women — operative only after a census and fresh delimitation.
2024–129th Bill — One Nation, One ElectionIntroduced in December 2024 to enable simultaneous Lok Sabha and assembly elections; referred to a 39-member Joint Parliamentary Committee for examination.

Each new amendment or verdict is mapped to this topic on the daily current-affairs feed — the static chapter and the news in one place.

Prelims · test yourself

Practice the exact trap-style.

The basic structure doctrine was propounded by the Supreme Court in which case?
  • A. Golaknath (1967)
  • B. Kesavananda Bharati (1973)
  • C. Minerva Mills (1980)
  • D. I.R. Coelho (2007)
Answer: B

Kesavananda Bharati (1973) laid down the basic structure doctrine. Minerva Mills (1980) later reinforced it; Golaknath (1967) preceded it by barring amendment of Fundamental Rights.

Which of the following requires ratification by at least half the states to be amended?
  • A. Fundamental Rights
  • B. Directive Principles
  • C. The Seventh Schedule (distribution of powers)
  • D. The Preamble
Answer: C

The Seventh Schedule is a federal provision and needs state ratification. Fundamental Rights, DPSPs and the Preamble can be amended by special majority of Parliament alone.

Which amendment made the President's assent to a constitutional amendment bill mandatory?
  • A. 24th Amendment (1971)
  • B. 42nd Amendment (1976)
  • C. 44th Amendment (1978)
  • D. 1st Amendment (1951)
Answer: A

The 24th Amendment (1971) made the President's assent to an amendment bill obligatory and affirmed Parliament's power to amend any part of the Constitution.

RelatedFundamental RightsThe rights whose amendability triggered the whole Golaknath–Kesavananda battle. RelatedThe PreamblePart of the Constitution and amendable — but only within the basic structure. ExploreAll Polity notesAll the polity notes — every core Constitution topic in one place.
Questions

Amendment, answered straight.

Can Parliament amend any part of the Constitution?

Yes — Article 368 empowers Parliament to amend any provision, including Fundamental Rights. The only limit is that it cannot damage the basic structure (Kesavananda Bharati, 1973).

Is there a joint sitting for amendment bills?

No. Unlike ordinary bills, a constitutional amendment bill must be passed by each House separately by special majority — there is no provision for a joint sitting to break a deadlock.

Can the President reject an amendment bill?

No. Since the 24th Amendment (1971), the President must give assent to a constitutional amendment bill — it cannot be withheld or returned.

What is the significance of Minerva Mills?

Minerva Mills (1980) struck down parts of the 42nd Amendment that tried to give Parliament unlimited amending power, holding that judicial review and a limited amending power are themselves part of the basic structure.

What is the latest constitutional amendment debate?

129th Amendment Bill (One Nation, One Election, Dec 2024) abhi ek 39-member Joint Parliamentary Committee ke paas hai — simultaneous elections ke liye. 106th (Women's Reservation, 2023) latest passed amendment hai.

The Constitution's
self-defence mechanism.

Har naya amendment is chapter se juda — daily feed pe mapped.

Start the free system→ Explore all polity notes