Constitutional Amendment
Article 368: The Mechanism of Constitutional Evolution
PART I — THE PROCEDURE
ARTICLE 368
Special Majority
- Requires majority of total membership in each house.
- AND a 2/3rd majority of members present and voting.
- Must be passed in Lok Sabha and Rajya Sabha separately.
- No provision for a joint sitting in case of disagreement.
OUTSIDE ART 368
Simple Majority
- Not considered a 'Constitutional Amendment' under Art 368.
- Passed like an ordinary piece of legislation.
- Used for: Admission/formation of new states (Art 2, 3).
- Used for: Abolition/creation of legislative councils.
FEDERAL SAFEGUARD
State Ratification
- For provisions affecting federal structure (e.g., GST, President's election).
- Requires Special Majority in Parliament + Ratification by States.
- Must be ratified by legislatures of at least 50% of the states.
- States ratify using a simple majority.
PART II — LIMITATIONS & OBLIGATIONS
KESAVANANDA BHARATI
Basic Structure Doctrine
- Parliament can amend any part of the Constitution (including FRs).
- BUT cannot alter its 'Basic Structure' or foundational framework.
- Prevents Parliament from destroying the Constitution's core identity.
- Ultimate limitation on the amending power of Article 368.
24TH AMENDMENT (1971)
Presidential Assent
- Before 1971, President could theoretically withhold assent.
- 24th Amendment made it obligatory for the President to give assent.
- President *must* sign a properly passed Constitutional Amendment Bill.
- Cannot withhold assent or return it for reconsideration.
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