Constitutional Amendments, Basic Structure & Emergency Provisions

📚 This topic overlaps across exams — read our in-depth, shared write-up: Article 352 vs Article 356 →

✍️ Amendment Procedure (Art 368)

Article 368 provides three amendment routes: by simple majority (for provisions like new states' creation), by special majority of Parliament (2/3rd of members present and voting, plus majority of total membership), and by special majority + ratification by half the states (for federal provisions like the distribution of legislative powers).

🏛️ The Basic Structure Doctrine

In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court held that Parliament's amending power under Art 368 cannot alter the Constitution's 'basic structure' — including judicial review, federalism, secularism, and free and fair elections — even though the text itself doesn't list these elements explicitly.

🚨 Three Kinds of Emergency

Article 352 (National Emergency) can be proclaimed on grounds of war, external aggression, or armed rebellion. Article 356 (President's Rule / State Emergency) applies when a state's constitutional machinery breaks down. Article 360 (Financial Emergency) applies when India's financial stability is threatened, and has never been invoked to date.

💡 Key Facts

Kesavananda Bharati (1973) established the Basic Structure doctrine.
Art 352 = National Emergency; Art 356 = President's Rule; Art 360 = Financial Emergency (never invoked).
Federal provisions need special majority + ratification by half the states to amend.

🔖 60-Second Revision

Art 368: simple majority / special majority / special majority + state ratification.
Basic Structure doctrine — Kesavananda Bharati, 1973.
Emergencies: 352 (National), 356 (State/President's Rule), 360 (Financial — never used).