The Indian Constitution is neither rigid nor too flexible, allowing changes as per the needs of the country. Article 368 provides the procedure for amending the Constitution while ensuring its basic structure remains intact.
👉 Part XX (Article 368) of the Indian Constitution deals with the Amendment of the Constitution.
👉 The Parliament has the power to amend the Constitution but with certain limitations.
I. Types of Amendments in the Indian Constitution
Amendments to the Constitution are classified into three categories:
| Type of Amendment | Procedure | Example |
|---|---|---|
| By Simple Majority | Passed by a simple majority of members present and voting in both Houses of Parliament. | Admission of new states (e.g., Nagaland in 1962). |
| By Special Majority | Passed by a two-thirds majority of members present and voting in both Houses. | GST Amendment (101st Amendment, 2016). |
| By Special Majority + State Ratification | Passed by two-thirds majority and approval by at least half of the State Legislatures. | Amendment of Federal Provisions (e.g., 42nd Amendment, 1976). |
🚀 Example: The 97th Amendment (2011) on Co-operative Societies required State Ratification.
II. Procedure for Amending the Constitution (Article 368)
🔹 The process of amendment involves the following steps:
✅ Step 1: Introduction of the Bill in either Lok Sabha or Rajya Sabha.
✅ Step 2: Approval by Special Majority (2/3rd of present & voting members).
✅ Step 3: Sent to the President for assent.
✅ Step 4: If it affects federal structure, at least 50% of State Legislatures must approve.
✅ Step 5: After approval, the President gives assent, and the amendment becomes law.
⛔ Note: The President cannot refuse to sign a Constitutional Amendment Bill (he has no veto power).
III. Important Constitutional Amendments in India
| Amendment | Year | Key Provisions |
|---|---|---|
| First Amendment | 1951 | Added reasonable restrictions on Fundamental Rights (Article 19). |
| Seventh Amendment | 1956 | Reorganized states based on language. |
| 24th Amendment | 1971 | Made President’s assent to amendments mandatory. |
| 42nd Amendment | 1976 | Known as the “Mini-Constitution”, added Fundamental Duties, weakened the judiciary. |
| 44th Amendment | 1978 | Restored democracy by removing draconian provisions of the 42nd Amendment. |
| 52nd Amendment | 1985 | Introduced the Anti-Defection Law (10th Schedule). |
| 73rd & 74th Amendments | 1992 | Strengthened Panchayati Raj & Municipalities. |
| 86th Amendment | 2002 | Made Right to Education a Fundamental Right. |
| 97th Amendment | 2011 | Granted constitutional status to Co-operative Societies. |
| 101st Amendment | 2016 | Introduced Goods and Services Tax (GST). |
| 103rd Amendment | 2019 | Introduced 10% EWS reservation for the economically weaker sections. |
🚀 Most significant change: The 42nd Amendment (1976), which altered the Preamble and Fundamental Rights.
IV. Limitations on Constitutional Amendments
✅ Parliament cannot amend the “Basic Structure” of the Constitution (as per the Kesavananda Bharati Case, 1973).
✅ Judiciary can review constitutional amendments and strike them down if they violate the basic structure.
🔹 Basic Structure includes:
- Supremacy of the Constitution
- Democracy & Rule of Law
- Separation of Powers
- Judicial Review
- Secularism & Federalism
🚀 Example: The 99th Amendment (National Judicial Appointments Commission – NJAC, 2014) was struck down by the Supreme Court in 2015 for violating the basic structure.
V. Supreme Court Cases on Constitutional Amendments
1. Golaknath Case (1967)
✔ Parliament cannot amend Fundamental Rights.
2. Kesavananda Bharati Case (1973)
✔ Introduced the Basic Structure Doctrine.
✔ Parliament can amend the Constitution but cannot alter its basic structure.
3. Minerva Mills Case (1980)
✔ Limited Parliament’s power to amend the Constitution.
✔ Declared that judicial review is part of the Basic Structure.
4. Waman Rao Case (1981)
✔ Strengthened the Basic Structure Doctrine.
VI. Challenges in Amending the Constitution
❌ Frequent Amendments – Some amendments are passed for political benefits.
❌ Judiciary vs. Legislature – Courts sometimes strike down amendments, causing conflicts.
❌ Lack of State Involvement – Many amendments do not require state ratification, reducing federalism.
❌ Basic Structure Debate – Parliament cannot change the basic structure, limiting flexibility.
VII. Recent Constitutional Amendments
🔹 101st Amendment (2016) – Introduced GST, simplified tax structure.
🔹 102nd Amendment (2018) – Gave constitutional status to National Commission for Backward Classes (NCBC).
🔹 103rd Amendment (2019) – 10% reservation for EWS in education and jobs.
🔹 104th Amendment (2020) – Extended SC/ST reservation in Lok Sabha & State Assemblies till 2030.
🔹 127th Amendment (2021) – Restored State Governments’ power to identify OBCs.
VIII. MCQs on Constitutional Amendments
1. Which Article deals with Constitutional Amendments?
A) Article 356
B) Article 368
C) Article 370
D) Article 352
Answer: B) Article 368
2. Which Amendment is called the “Mini-Constitution”?
A) 24th Amendment
B) 42nd Amendment
C) 73rd Amendment
D) 86th Amendment
Answer: B) 42nd Amendment
3. Which case introduced the Basic Structure Doctrine?
A) Golaknath Case
B) Kesavananda Bharati Case
C) Minerva Mills Case
D) S. R. Bommai Case
Answer: B) Kesavananda Bharati Case
4. Which Amendment made Right to Education a Fundamental Right?
A) 44th Amendment
B) 73rd Amendment
C) 86th Amendment
D) 97th Amendment
Answer: C) 86th Amendment
5. What is required to amend the Constitution’s federal provisions?
A) Simple Majority
B) Special Majority
C) Special Majority + State Ratification
D) President’s Order
Answer: C) Special Majority + State Ratification
6. Which Amendment introduced the GST?
A) 86th Amendment
B) 97th Amendment
C) 101st Amendment
D) 103rd Amendment
Answer: C) 101st Amendment
7. Which Amendment granted 10% reservation for EWS?
A) 101st Amendment
B) 102nd Amendment
C) 103rd Amendment
D) 104th Amendment
Answer: C) 103rd Amendment
8. Which Amendment extended SC/ST reservation in Lok Sabha till 2030?
A) 100th Amendment
B) 103rd Amendment
C) 104th Amendment
D) 127th Amendment
Answer: C) 104th Amendment
IX. Conclusion
✅ Article 368 provides the amendment process, ensuring flexibility while preserving core values.
✅ Basic Structure Doctrine limits Parliament’s power to amend fundamental features.
✅ Amendments have modernized the Constitution but also caused controversies.
✅ Judiciary plays a key role in reviewing amendments to protect democracy.
Would you like a mind map or more MCQs on this topic? 😊