Notes

Article 368 : Amendment of Constitution

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Article 368 : Amendment of Constitution

Article 368 of the Indian Constitution provides for two types of amendments:

Amendment by Special Majority of Parliament

Most provisions of the Constitution require a special majority of Parliament to amend. This majority is defined as:
  • A majority of the total membership of each House, and
  • A two-thirds majority of the members present and voting in each House.
Originally, a special majority was only needed for voting at the final stage of a bill. Now, a special majority is required at all important stages of the bill.
Provisions that can be amended this way include:
  • Fundamental Rights
  • Directive Principles of State Policy
  • Any provisions not covered under the second category

Amendment by Special Majority of Parliament and Consent of States

Provisions related to the federal structure require a special majority of Parliament and the consent of half of the state legislatures by a simple majority.
The process is completed once half of the states give their consent; there is no time limit for the states to act.
Provisions that can be amended this way include:
  • Election of the President and its manner
  • Extent of the executive power of the Union and states
  • Supreme Court and high courts
  • Distribution of legislative powers between the Union and states
  • Goods and Services Tax Council
  • Any of the lists in the Seventh Schedule
  • Representation of states in Parliament
  • Power of Parliament to amend the Constitution and its procedure (Article 368 itself)