Complete Guide to Constitutional Amendment in India: Article 368 (UPSC, SSC, State PCS)
Hello aspirants! Welcome to this comprehensive guide on the Amendment of the Indian Constitution. Whether you are preparing for UPSC, State PCS, SSC CGL, or Railway exams, “Constitutional Amendment” is a high-weightage topic in Indian Polity.
In this article, we will cover everything you need to know about Article 368, the procedure of amendment, types of majorities, and important exam traps. Letโs make Polity simple and scoring for you!
1. Introduction: What is Constitutional Amendment?
Like any living document, the Constitution of India needs to change according to the changing needs of society. The makers of our Constitution made it neither too rigid (like the USA) nor too flexible (like the UK). It is a beautiful synthesis of both.
- Part of Constitution: Part XX (Part 20)
- Article: Article 368
- Source: Borrowed from the Constitution of South Africa.
Article 368 gives the Parliament the power to amend the Constitution and its procedures. However, the Parliament cannot amend those provisions which form the “Basic Structure” of the Constitution (ruled by the Supreme Court in the famous Kesavananda Bharati case, 1973).
2. Procedure for Amendment (Article 368)
The procedure for amending the Constitution under Article 368 is straightforward but has strict rules. Here is the step-by-step process:
- Introduction of Bill: An amendment bill can be introduced in either House of Parliament (Lok Sabha or Rajya Sabha). It cannot be introduced in the State Legislature.
- Who can introduce: It can be introduced by a minister or a private member.
- President’s Permission: No prior permission of the President is required to introduce this bill.
- Special Majority: The bill must be passed in each House by a Special Majority (a majority of the total membership of the House AND a majority of two-thirds of the members of the House present and voting).
- No Joint Sitting: If there is a disagreement between the two Houses, there is no provision for a joint sitting. Both houses must pass it separately.
- State Ratification (If needed): If the bill changes federal provisions (like the Supreme Court, President’s election, or Schedule 7), it must also be ratified by the legislatures of half of the states by a simple majority.
- President’s Assent: After passing, the bill goes to the President. The President must give their assent. They cannot withhold the bill or return it for reconsideration (This rule was made compulsory by the 24th Constitutional Amendment Act, 1971).
3. Types of Amendments in Indian Constitution
The Constitution can be amended in three ways. Note: The first way is NOT considered an amendment under Article 368.
A. Amendment by Simple Majority of Parliament
These amendments require a simple majority (more than 50% of members present and voting) in each house. These are outside the scope of Article 368.
- Examples: Formation of new states (Article 3), abolition or creation of legislative councils in states (Article 169), Citizenship rules, Quorum in Parliament, Schedule 5 and Schedule 6.
B. Amendment by Special Majority of Parliament
Most provisions are amended this way. It falls under Article 368.
- Examples: Fundamental Rights (Part III), Directive Principles of State Policy (DPSP – Part IV), and all other provisions which are not covered in the first and third categories.
C. Amendment by Special Majority + Ratification by Half of the States
This method is used to amend provisions related to the federal structure of India. It falls under Article 368.
- Examples: Election of the President (Article 54, 55), Supreme Court and High Courts, Distribution of legislative powers between Union and States (Schedule 7), Representation of states in Parliament, and Article 368 itself.
4. Most Repeated Exam Traps (Must Read!)
Examiners love to confuse students with these points. Memorize them carefully:
- Trap 1: Joint Sitting. Students often think the President can call a joint sitting (Article 108) for a Constitutional Amendment Bill. Reality: NO joint sitting is allowed. If one house rejects it, the bill is dead.
- Trap 2: State Legislature Power. Can a State Assembly initiate a constitutional amendment? Reality: NO. Only the Parliament (Lok Sabha/Rajya Sabha) can initiate it.
- Trap 3: President’s Veto Power. Can the President use pocket veto or return an amendment bill? Reality: NO. The 24th Amendment Act (1971) made it obligatory for the President to sign the bill.
- Trap 4: Simple Majority under Article 368. Reality: Simple majority amendments are not counted as amendments under Article 368.
5. Previous Year Exam Relevance
- UPSC Prelims: Deep-dive conceptual questions on what constitutes the Basic Structure, the exact procedure under Article 368, and the difference between simple and special majority.
- State PCS (UPPSC, BPSC, MPPSC): Direct questions on Articles (368), Source country (South Africa), and which famous case introduced the Basic Structure (Kesavananda Bharati).
- SSC CGL / Railway NTPC: Mostly factual. “From which country is the amendment process borrowed?”, “Which Article deals with the amendment?”, and matching important recent amendments (like GST, EWS) with their amendment numbers.
6. Important Facts for Quick Revision
- Part: XX
- Article: 368
- Borrowed From: South Africa
- Basic Structure Case: Kesavananda Bharati vs. State of Kerala (1973)
- Bound to Sign: President must sign the bill (24th CAA, 1971).
- State Initiation: Not allowed.
- Joint Sitting: Not allowed.
7. Practice MCQs for Self-Evaluation
Q1. The procedure for the amendment of the Indian Constitution is borrowed from which country?
A) USA
B) UK
C) South Africa
D) Ireland
Answer: C) South Africa
Explanation: The framers of the Constitution borrowed the amendment procedure outlined in Article 368 from the South African Constitution.
Q2. Which of the following is NOT true regarding the Constitutional Amendment Bill?
A) It can be introduced in either House of Parliament.
B) It requires the prior recommendation of the President.
C) There is no provision for a joint sitting.
D) It can be introduced by a private member.
Answer: B) It requires the prior recommendation of the President.
Explanation: Unlike Money Bills, a Constitutional Amendment Bill does not require the prior permission or recommendation of the President to be introduced in Parliament.
Q3. Which Constitutional Amendment Act made it obligatory for the President to give his assent to a constitutional amendment bill?
A) 24th Amendment Act, 1971
B) 42nd Amendment Act, 1976
C) 44th Amendment Act, 1978
D) 86th Amendment Act, 2002
Answer: A) 24th Amendment Act, 1971
Explanation: The 24th CAA of 1971 amended Articles 13 and 368, making it mandatory for the President to give assent to a Constitutional Amendment Bill.
Q4. If a bill seeks to change the representation of states in Parliament, what kind of majority is required?
A) Simple majority in Parliament
B) Special majority in Parliament
C) Special majority in Parliament and ratification by half the states
D) Special majority in Parliament and ratification by all states
Answer: C) Special majority in Parliament and ratification by half the states
Explanation: Any change affecting the federal structure (like state representation in Parliament) requires a special majority in Parliament plus ratification by the simple majority of at least 50% of the state legislatures.
Q5. The concept of the “Basic Structure” of the Constitution was propounded in which famous Supreme Court case?
A) Golaknath Case (1967)
B) Minerva Mills Case (1980)
C) Kesavananda Bharati Case (1973)
D) Berubari Union Case (1960)
Answer: C) Kesavananda Bharati Case (1973)
Explanation: In this landmark judgment, the Supreme Court ruled that while Parliament has wide powers to amend the Constitution, it cannot alter its “Basic Structure.”
8. Short Revision Summary
To wrap it up: The amendment of the Indian Constitution is dealt with in Part XX, Article 368, borrowed from South Africa. An amendment bill can start in any house of Parliament, without the President’s prior permission. No joint sitting is allowed. The President must sign the passed bill. Finally, remember the Supreme Court’s Golden Rule from 1973: Parliament can amend anything, as long as it does not destroy the Basic Structure of the Constitution.