Constitutional Amendment Procedure

Article 368 of the Indian Constitution vests Parliament with constituent power — the authority to amend the Constitution by way of addition, variation, or repeal of any provision. Unlike ordinary legislation, constitutional amendments require special procedures designed to ensure broad consensus and protect the fundamental character of the Constitution. India follows a three-tier amendment procedure, reflecting the federal-democratic structure of the Constitution. The three procedures are: (1) Simple majority (certain provisions): A few provisions — such as admitting new states (Article 2), creating or abolishing Legislative Councils (Article 169), and the First, Fourth, and Fifth Schedules — can be amended by a simple majority of Parliament, like ordinary legislation. These are technically not 'amendments' under Article 368 but legislative changes. (2) Special majority (Article 368 standard): The vast majority of constitutional provisions require a majority of the total membership of each House AND a majority of not less than two-thirds of members present and voting in each House, voted separately. (3) Special majority plus ratification by states: Certain federal provisions — including the election of the President (Article 54), extent of executive power of Union and states, the Supreme Court, High Courts, representation of states in Parliament, and the amendment procedure itself (Article 368) — additionally require ratification by not less than half the state legislatures (by simple majority each) before the President's assent is sought. The amendment procedure is subject to the Basic Structure Doctrine (Kesavananda Bharati v. State of Kerala, 1973), which holds that Parliament's constituent power under Article 368 cannot be used to amend or abrogate the 'basic structure' of the Constitution — its essential features like judicial review, federalism, separation of powers, secularism, and democracy. The 42nd Amendment (1976, Emergency era) had attempted to place constitutional amendments beyond judicial review; the 44th Amendment (1978) reversed this.

• 1 Article 368: confers constituent power on Parliament — but subject to the Basic Structure Doctrine (Kesavananda Bharati, 1973).
• 2 Three tiers: (1) Simple majority (few provisions), (2) Special majority — total membership majority + 2/3 present-and-voting majority in each House, (3) Special majority + ratification by at least 50% of state legislatures.
• 3 Provisions requiring state ratification (Article 368(2) proviso): election of President, lists in Seventh Schedule, representation of states in Parliament, Article 368 itself.
• 4 42nd Constitutional Amendment (1976): made amendments non-justiciable — struck down by SC and reversed by 44th Amendment (1978).
• 5 Kesavananda Bharati v. State of Kerala (1973): 13-judge bench (7:6) established the Basic Structure Doctrine — landmark and contested ruling.
• 6 India's Constitution is the world's most amended — 106 amendments in 75 years (as of 2024).
• 7 No provision is explicitly unamendable — but the Basic Structure Doctrine creates an implicit limit on parliamentary constituent power.

The Constitution (106th Amendment) Act, 2023, which reserved one-third of seats for women in Lok Sabha and state assemblies, was passed with special majority (Article 368 procedure) but did not require state ratification — as it does not affect the distribution of powers between Centre and states. However, its operative clause links commencement to the delimitation exercise post-next census, raising questions about parliamentary intent and constitutional design that directly test understanding of how the amendment procedure interacts with other constitutional provisions.