Why this matters now
The amendment process is examined for the three types (and which provisions fall under each), the procedure, and the basic structure limit. India’s blend of flexibility and rigidity is a favourite comparative point.
The three types of amendment
| Type | Requirement | Examples |
|---|---|---|
| By simple majority | Ordinary majority of each House (outside the scope of Article 368) | Creation of new states, citizenship, salaries — provisions amendable like an ordinary law |
| By special majority | Majority of the total membership of each House and two-thirds of members present and voting | Fundamental Rights, DPSP, most of the Constitution |
| Special majority + state ratification | Special majority plus ratification by at least half the state legislatures | Federal provisions — election of President, distribution of legislative powers, the Seventh Schedule, representation of states, Article 368 itself |
The procedure
An amendment can be initiated only by introducing a Bill in either House of Parliament (not in state legislatures). It must be passed by each House by the required majority (and ratified by states where needed). There is no provision for a joint sitting to resolve a deadlock on an amendment Bill. The President must give assent (made mandatory by the 24th Amendment).
The basic structure limit
In Kesavananda Bharati (1973), the Supreme Court held that while Parliament can amend any part of the Constitution under Article 368, it cannot alter or destroy its “basic structure” — features like the supremacy of the Constitution, the rule of law, separation of powers, judicial review, federalism, secularism, and free and fair elections. This doctrine, reaffirmed in Minerva Mills and later cases, is the key check on the amending power.
UPSC angle
Classify provisions by amendment type, remember an amendment Bill can start only in Parliament with no joint sitting, and that the basic structure doctrine (Kesavananda) caps the amending power.
Frequently asked questions
How many types of constitutional amendment are there?
Three — by simple majority (outside Article 368), by special majority, and by special majority plus ratification by at least half the states.
Which amendments need state ratification?
Those affecting federal provisions — such as the election of the President, the distribution of powers between Centre and states, the Seventh Schedule, and Article 368 itself.
Can an amendment Bill be introduced in a state legislature?
No — a constitutional amendment Bill can be introduced only in Parliament (in either House), and there is no joint sitting to resolve a deadlock.
What is the limit on Parliament’s amending power?
The basic structure doctrine from Kesavananda Bharati (1973) — Parliament cannot amend the Constitution so as to destroy its basic features.