Article 368: The Amendment Process
Key facts about the three routes for amending the Indian Constitution and notable amendments.
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Questions Covered in This Set
10 cards to master
Which article governs the amendment of the Indian Constitution?
Article 368 — it sets out the procedure and the different majorities required.
What are the three amendment routes?
(1) Simple majority of Parliament (outside Art. 368), (2) Special majority under Art. 368(2), (3) Special majority plus ratification by half the States.
What does 'special majority' mean under Article 368(2)?
In each House separately: a majority of the total membership AND at least two-thirds of members present and voting.
Give examples of changes made by simple majority only.
Creating/admitting new States (Arts. 2–4), creating or abolishing State Legislative Councils (Art. 169), citizenship provisions (Art. 11), judges' salaries, Fifth and Sixth Schedules.
Which subjects need ratification by half the States?
Election of the President, Union/State executive power, the judiciary and High Courts, distribution of legislative powers and the Seventh Schedule, representation of States in Parliament, and Article 368 itself.
Why did the 101st Amendment (GST, 2016) need State ratification?
Because it rewrote the Union–State distribution of taxing power, a federal subject under Route 3.
Can a joint sitting resolve a deadlock on an amendment Bill?
No — there is no provision for a joint sitting; the Rajya Sabha cannot be bypassed.
Who can initiate a constitutional amendment in India?
Only Parliament — a Minister or private member in either House; State legislatures cannot propose amendments (except an Art. 169 resolution) and no prior Presidential permission is needed.
What did the 24th Amendment (1971) change about Presidential assent?
It made the President's assent to a constitutional amendment Bill compulsory — he has no choice.
What limit did Kesavananda Bharati (1973) place on amendments?
The basic structure doctrine — even a procedurally perfect amendment can be struck down if it damages the Constitution's basic structure.
