Amendment Procedure under Article 368 of the Indian Constitution

📝 Amendment Procedure – Article 368

📘 Article: 368
🧾 Part: XX (Part 20)
📍 Purpose: To amend, add, or repeal provisions of the Constitution while maintaining its basic structure.

✅ What is a Constitutional Amendment?

An amendment is a formal change or addition to the Constitution of India made by the Parliament to meet the changing needs of society.

🧠 Total Amendments (as of 2024): 105

🛠️ Types of Amendment Procedures under Article 368

There are 3 types of amendments in India:

Type	How It Is Passed	Where It Applies
1. By Simple Majority	Like ordinary law	Not under Article 368 (e.g., Schedule I, admission of states)
2. By Special Majority	2/3 of members present & voting + majority of total members	Most constitutional provisions
3. By Special Majority + Ratification by Half the States	Same as #2 + approval by at least 50% of State Legislatures	For federal provisions (e.g., President, SC/HC, Union-State relations)

📘 Article 368: Key Clauses

Clause	Provision
(1)	Parliament can amend Constitution by adding, varying, or repealing any provision
(2)	Lays out procedures for amending:
• Simple special majority
• Special majority + ratification by states

🔧 Special Majority Explained

To amend the Constitution, a bill must be:

Introduced in either Lok Sabha or Rajya Sabha
Passed by:
- Majority of total membership of the House
- 2/3 majority of members present and voting
Then sent to the other House and passed in the same way
No need for President’s veto — he must give assent

🗺️ When Ratification by States is Required

Certain provisions also need ratification by half of the State Legislatures, such as:

Election of President (Art. 54, 55)
Extent of executive power (Art. 73, 162)
SC/HC jurisdiction
Representation of states in Parliament
7th Schedule (Union, State, Concurrent Lists)

🛡️ Basic Structure Doctrine (Landmark Case)

Case: Kesavananda Bharati vs State of Kerala (1973)
Judgment: Parliament can amend any part of the Constitution but not its “basic structure.”

Examples of Basic Structure:

Supremacy of Constitution
Secularism
Rule of Law
Federalism
Judicial Review
Parliamentary form of govt

📊 Summary Table

Aspect	Details
Article	368
Amendment Types	Simple Majority, Special Majority, Special + State Ratification
Initiation	Only by Parliament, not states
President’s Role	Must give assent
Judicial Review	Allowed, to protect Basic Structure
First Amendment	1951 (added 9th Schedule)
Most Important	42nd (1976), 44th (1978), 73rd, 74th, 86th, 101st

🧠 Key Amendments to Remember

No.	Year	Purpose/Impact
1st	1951	Land reforms, 9th Schedule
42nd	1976	“Mini Constitution”, strengthened central power
44th	1978	Reduced misuse of Emergency powers
73rd	1992	Panchayati Raj
86th	2002	Right to Education (Art. 21A)
101st	2016	GST introduced

🔍 Flowchart – Amendment Procedure under Article 368

             🏛️ Constitutional Amendment (Article 368)
                            │
        ┌───────────────┬───────────────┬─────────────────────┐
        ▼               ▼               ▼
 Simple Majority   Special Majority   Special + State Ratification
 (outside Art. 368)    (most provisions)    (federal matters only)
        │               │               │
 Examples:         FRs, DPSP, etc.   Election of President, SC/HC powers
 Admission of State, etc.

Here are high-quality MCQs based on Article 368 and the Amendment Procedure of the Indian Constitution – useful for UPSC, UKPSC, SSC, State PSCs, and law exams:

✅ MCQs on Article 368 & Constitutional Amendments

🟦 Basics of Article 368
1. Which Article of the Indian Constitution deals with the procedure of amendment?
  A) Article 356
  B) Article 368
  C) Article 370
  D) Article 352
  ✔️ Answer: B) Article 368
2. Who has the power to initiate a constitutional amendment in India?
  A) President
  B) Supreme Court
  C) State Legislature
  D) Parliament only
  ✔️ Answer: D) Parliament only
3. Which of the following is NOT an amendment method under Article 368?
  A) By simple majority
  B) By referendum
  C) By special majority
  D) By special majority + state ratification
  ✔️ Answer: B) By referendum
🟦 Special & Federal Amendments
1. Which of the following amendments requires ratification by at least half of the state legislatures?
  A) Abolition of Fundamental Rights
  B) Creation of new states
  C) Election of the President
  D) Changing official language
  ✔️ Answer: C) Election of the President
2. For a special majority, the amendment bill must be passed by:
  A) 2/3 of total members of the House
  B) 2/3 of members present and voting
  C) Majority of members present and voting
  D) Majority of total members only
  ✔️ Answer: B) 2/3 of members present and voting + majority of total members
🟦 Judicial View & Basic Structure
1. Which landmark case introduced the concept of the "Basic Structure" of the Constitution?
  A) Golaknath Case
  B) Keshavananda Bharati Case
  C) Minerva Mills Case
  D) A.K. Gopalan Case
  ✔️ Answer: B) Keshavananda Bharati Case (1973)
2. According to the Supreme Court, Parliament cannot amend the Constitution in such a way that it:
  A) Adds more DPSPs
  B) Changes the Preamble
  C) Violates the basic structure
  D) Increases the number of MPs
  ✔️ Answer: C) Violates the basic structure
🟦 Important Amendments
1. Which amendment is called the “Mini Constitution” due to its vast scope?
  A) 24th Amendment
  B) 42nd Amendment
  C) 44th Amendment
  D) 86th Amendment
  ✔️ Answer: B) 42nd Amendment (1976)
2. The 44th Amendment was enacted to undo the excesses of which amendment?
  A) 24th
  B) 40th
  C) 42nd
  D) 73rd
  ✔️ Answer: C) 42nd Amendment
3. Which amendment made “Right to Education” a Fundamental Right?
  A) 86th
  B) 73rd
  C) 61st
  D) 101st
  ✔️ Answer: A) 86th Amendment (2002)
4. Which amendment introduced the Goods and Services Tax (GST)?
  A) 97th
  B) 100th
  C) 101st
  D) 104th
  ✔️ Answer: C) 101st Amendment
🟦 Miscellaneous
1. Can the President refuse to give assent to a Constitutional Amendment Bill?
  A) Yes, if advised by PM
  B) Yes, at his discretion
  C) No, he must give assent
  D) Only if SC advises
  ✔️ Answer: C) No, he must give assent
2. Which of the following can be amended by a simple majority of Parliament?
  A) Preamble
  B) Fundamental Rights
  C) Creation of new states
  D) Powers of President
  ✔️ Answer: C) Creation of new states
3. Which amendment lowered the voting age from 21 to 18 years?
  A) 61st
  B) 73rd
  C) 86th
  D) 97th
  ✔️ Answer: A) 61st Amendment