Constitutional Amendments

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

📚 This topic overlaps across exams — read our in-depth, shared write-up: Fundamental Rights (Articles 12–35) →

📖 Article 368

Article 368 lays down the formal procedure for amending the Constitution. India's amendment process is neither purely rigid (like the US) nor purely flexible (like the UK) — it's a deliberate middle path, with different provisions requiring different levels of difficulty to amend.

🗳️ Three ways to amend the Constitution

By simple majority — some provisions (e.g. creation of new states under Article 3, changes to salaries of officials) can be changed by ordinary legislation, and are technically outside Article 368's procedure altogether.
By special majority (Article 368) — most amendments, including changes to Fundamental Rights and DPSPs, need a majority of the total membership of each House, and a two-thirds majority of members present and voting.
By special majority + ratification by states — provisions touching the federal structure (e.g. election of the President, distribution of legislative powers, representation of states in Parliament, or Article 368 itself) additionally require ratification by at least half the state legislatures.

🏛️ The Basic Structure Doctrine

Can Parliament amend any part of the Constitution, including Fundamental Rights? This question went through several twists: Golaknath (1967) said FRs cannot be amended at all; Kesavananda Bharati (1973) overturned this, holding Parliament can amend any part, including FRs, but cannot alter the "basic structure" of the Constitution — a limit not written anywhere in the text, but read into it by the judiciary.

The 42nd Amendment, 1976 (often called the "Mini-Constitution") made sweeping changes, several of which were later reversed by the 44th Amendment, 1978, once the political climate that produced the Emergency had passed.

💡 Key Facts

Article 368 provides 3 amendment routes: simple majority, special majority, and special majority + state ratification.
Basic Structure Doctrine established by Kesavananda Bharati (1973) — not written in the Constitution's text.
42nd Amendment (1976) is called the "Mini-Constitution" for its sweeping scope.
44th Amendment (1978) reversed many of the 42nd Amendment's controversial changes.

🔖 60-Second Revision

3 routes: simple majority / special majority / special majority + state ratification.
Golaknath (1967): FRs can't be amended → overruled.
Kesavananda Bharati (1973): any part can be amended, but not the 'basic structure.'
42nd Amendment (1976) = 'Mini-Constitution'; 44th Amendment (1978) reversed much of it.