ASKiIMAN™ ARCHIVE / INDIAN POLITY
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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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