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Part XX of the Constitution of India contains Article 368, which vests Parliament with the constituent power to amend the Constitution by addition, variation, or repeal of its provisions. It prescribes the procedure for amendment, requiring a special majority in Parliament and, in specified cases, ratification by not less than one-half of the State Legislatures before presidential assent. At the same time, the judicially evolved “basic structure doctrine” limits this power by holding that Parliament cannot alter the Constitution’s fundamental framework.
Article 368
Frequently Asked Questions
How is a constitutional amendment initiated and passed?
An Amendment Bill may be introduced in either House; it must pass each House by a majority of the total membership and by a majority of not less than two‑thirds of members present and voting, after which it is presented for presidential assent; there is no joint sitting if Houses disagree.
When is State ratification required?
If the amendment affects specified federal provisions (e.g., President’s election, Union–State powers, judiciary, legislative lists, State representation, or Article 368 itself), it must be ratified by not less than one‑half of State Legislatures before the President’s assent.
Is there a time limit for State ratification?
There is no fixed time limit in the Constitution; however, the required State resolutions must be passed before the Bill is presented to the President for assent.
What is the ‘special majority’ under Article 368?
It requires (i) a majority of the total membership of each House, and (ii) a majority of not less than two‑thirds of members present and voting in each House.
Does the President have discretion to withhold assent?
Once the constitutional requirements are met, the Bill is presented to the President who shall give assent, whereupon the Constitution stands amended according to the Bill’s terms.
Are some amendments outside Article 368?
Certain changes may be made by simple majority and are not deemed amendments under Article 368; however, these relate to provisions specified by constitutional practice and are treated separately from Article 368 amendments.
What is the basic structure limitation?
The Supreme Court has held that Parliament cannot alter the Constitution’s basic structure through Article 368; thus, while wide, the amending power is substantively limited by this doctrine.