Quick Answer
Constitutional amendments in India are governed by Article 368, which prescribes three levels of amendment procedure depending on the provision being changed — simple majority, special majority, or special majority plus state ratification. Parliament's amending power is not absolute: the Supreme Court in Kesavananda Bharati (1973) held that amendments cannot destroy the Basic Structure of the Constitution. India has had 106 constitutional amendments as of 2024.
Constitutional Background
The framers of the Constitution wanted a document that was neither too rigid (like the US Constitution, which has had only 27 amendments in 230+ years) nor too flexible (like the UK, which has no written constitution at all). The result is Article 368 — a graduated system where the difficulty of amendment increases with the importance of the provision being changed.
Dr. B.R. Ambedkar described the Constitution as a "living document" that must be capable of adjustment to changing conditions. Article 368 was designed to allow evolution while protecting fundamental constitutional values. The tension between parliamentary sovereignty (Parliament can amend anything) and judicial supremacy (courts can strike down amendments) has defined Indian constitutional history since 1950.
Three Types of Amendments
| Type | Majority Required | Examples |
|---|---|---|
| Simple Majority | More than 50% of members present and voting | Admission of new states, creation/abolition of Legislative Councils, Second and Third Schedule changes |
| Special Majority | 2/3rd of members present and voting + absolute majority of total membership | Fundamental Rights, DPSP, most constitutional provisions |
| Special Majority + State Ratification | Special majority + at least 50% of State Legislatures | Election of President, distribution of legislative powers, Supreme Court, High Courts, representation of states in Parliament |
Note: Simple majority amendments are technically not amendments under Article 368 — they are passed like ordinary legislation but change constitutional text. This distinction is a frequent Prelims MCQ trap.
Landmark Cases
- Shankari Prasad v. Union of India (1951): Supreme Court held Parliament can amend Fundamental Rights. 'Law' in Article 13 does not include constitutional amendments.
- Golaknath v. State of Punjab (1967): Supreme Court reversed Shankari Prasad — Parliament cannot amend Fundamental Rights. This led to the 24th Amendment (1971) restoring Parliament's power.
- Kesavananda Bharati v. State of Kerala (1973): 13-judge bench established the Basic Structure doctrine. Parliament can amend any provision including Fundamental Rights but cannot destroy the Basic Structure.
- Minerva Mills v. Union of India (1980): Struck down clauses of the 42nd Amendment that gave Parliament unlimited amending power and excluded judicial review of amendments.
- Waman Rao v. Union of India (1981): Clarified that laws placed in the Ninth Schedule before April 24, 1973 (Kesavananda date) are immune from judicial review; those added after are not.
Track all 106 amendments with PrepOS
PrepOS's PYQ database links every constitutional amendment to actual Prelims questions so you know exactly which amendments to prioritize and which to skim.
Access 2,640+ PYQs freeUPSC Exam Relevance
| Exam | How It Appears | Frequency |
|---|---|---|
| Prelims | Which amendment added X provision; majority type required; Ninth Schedule immunity | 2-3 questions per year |
| Mains GS2 | Basic Structure debate, parliamentary sovereignty vs judicial supremacy | 1 question most years |
| Interview | Recent amendments (103rd, 104th, 105th, 106th) and their significance | Frequent current affairs angle |
Key Amendments for UPSC
- 24th Amendment (1971): Restored Parliament's power to amend Fundamental Rights after Golaknath verdict. Made it mandatory for President to give assent to amendment bills.
- 42nd Amendment (1976): Called 'Mini Constitution.' Added Fundamental Duties (Part IVA), changed Preamble, added 'socialist' and 'secular,' curtailed judicial review, extended Parliament's term to 6 years.
- 44th Amendment (1978): Restored most changes made by 42nd Amendment. Reverted Parliament's term to 5 years. Removed Right to Property from Fundamental Rights (made it legal right under Article 300A).
- 73rd and 74th Amendments (1992): Constitutionalized Panchayati Raj and Urban Local Bodies. Added 11th and 12th Schedules.
- 101st Amendment (2017): Introduced Goods and Services Tax. Added Article 246A.
- 103rd Amendment (2019): Added 10% reservation for Economically Weaker Sections (EWS) in government jobs and educational institutions.
Related Terms
- Separation of Powers — Part of Basic Structure; limits what amendments can do to constitutional organs.
- Judicial Review — Courts' power to strike down amendments that violate Basic Structure.
- Federalism in India — Federal provisions require state ratification under the third amendment type.
- Emergency Provisions — Modified by the 44th Amendment, which added safeguards against misuse.
- Writ Jurisdiction — Cannot be curtailed by constitutional amendment (Basic Structure).
Frequently Asked Questions
What is Article 368 of the Indian Constitution?
Article 368 defines the procedure for amending the Indian Constitution. It gives Parliament the power to amend any provision of the Constitution — by addition, variation, or repeal — subject to the Basic Structure doctrine established by the Supreme Court in Kesavananda Bharati (1973). Two types of special majority procedures are prescribed under Article 368.
How many types of constitutional amendments are there in India?
Three types. First: Simple majority — certain provisions like admission of new states, creation of Legislative Councils, and Second Schedule changes. Second: Special majority — two-thirds of members present and voting plus absolute majority of total membership of each House. Third: Special majority plus ratification by at least half the State Legislatures — for federal provisions like election of President, distribution of legislative powers, and Supreme Court jurisdiction.
Can Parliament amend the Basic Structure of the Constitution?
No. The Supreme Court in Kesavananda Bharati v. State of Kerala (1973) held that Parliament's amending power under Article 368 cannot be used to destroy or abrogate the Basic Structure of the Constitution. The Basic Structure includes elements like judicial review, separation of powers, federalism, secularism, and democratic republic character.
Which constitutional amendment is most important for UPSC?
The 42nd Amendment (1976) is called the 'Mini Constitution' and is the most exam-relevant — it added Fundamental Duties, changed Preamble words (socialist, secular, integrity), and curtailed judicial review. The 44th Amendment (1978) reversed many 42nd Amendment changes. The 101st Amendment (2017) introduced GST. The 103rd Amendment (2019) added EWS reservation. These four appear most frequently in Prelims.
What is the difference between a constitutional amendment and an ordinary law?
An ordinary law requires a simple majority in Parliament and can be challenged in courts on grounds of legislative competence or fundamental rights violation. A constitutional amendment under Article 368 requires special majority (and sometimes state ratification) and cannot be challenged on grounds of legislative competence — only on Basic Structure grounds. Constitutional amendments override ordinary laws.
Is the Preamble amendable?
Yes. The Supreme Court in Kesavananda Bharati (1973) held the Preamble is part of the Constitution and can be amended under Article 368, subject to the Basic Structure doctrine. The 42nd Amendment (1976) added the words 'socialist,' 'secular,' and 'integrity' to the Preamble — the only amendment to the Preamble so far.
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