Indian Polity — Amendments to the Constitution
1. Introduction
- Article 368 in Part XX of the Constitution deals with the powers of Parliament to amend the Constitution and its procedure.
KNOWLEDGE NUGGET
- Part: Part XX
- Article: Article 368
- Subject: Power of Parliament to amend the Constitution and its procedure
2. Types of Amendments
Amendments by Simple Majority of Parliament
- Amendments/changes to certain parts of the Constitution can be made with a majority of the members of each House present and voting (similar to the ordinary legislative process).
- Notably, these amendments are not deemed to be amendments of the Constitution for the purpose of Article 368.
PROVISIONS AMENDED BY SIMPLE MAJORITY
- Admission or establishment of new states
- Formation of new states and alteration of areas, boundaries or names of existing states
- Abolition or creation of legislative councils in states
- Use of English language in Parliament
- Fifth Schedule — administration of scheduled areas and scheduled tribes
- Sixth Schedule — administration of tribal areas etc.
Amendments by Special Majority of Parliament
- It means the majority of the total membership of each House and a majority of two-thirds of the members of each House present and voting.
PROVISIONS AMENDED BY SPECIAL MAJORITY
- Fundamental Rights
- Directive Principles of State Policy
- Other provisions that are not covered by the first and third categories
Amendments by Special Majority of Parliament and Consent of States
- Provisions related to the federal structure of the country can be amended by a special majority of Parliament and the consent of at least half of the state legislatures by a simple majority.
- It is considered valid even if some states do not take any action on the amendment and half of the states give their consent. There is no time limit within which the states should give their consent to the bill.
PROVISIONS AMENDED BY SPECIAL MAJORITY + STATE CONSENT
- Election of the President
- Executive powers of the Union and the states
- The Supreme Court and high courts
- Distribution of legislative powers
- Representation of states in the Parliament
- Lists in the Seventh Schedule
- Article 368 itself
KEY INSIGHT
- Simple Majority: Not deemed as amendment under Article 368
- Special Majority: Total membership majority + 2/3 present and voting
- Special Majority + State Consent: At least half of the states must consent
- State Consent: No time limit for states to give consent
3. Comparison: Types of Amendments
| Feature | Simple Majority | Special Majority | Special Majority + State Consent |
|---|---|---|---|
| Majority Required | Simple majority of members present and voting | Majority of total membership + 2/3 present and voting | Special majority + consent of at least half of states |
| Article 368 Applicable? | No — not deemed as amendment under Article 368 | Yes | Yes |
| Provisions | New states, boundaries, legislative councils, English language, Fifth/Sixth Schedules | Fundamental Rights, DPSP, other provisions | Federal structure — President election, SC/HC, distribution of powers, Seventh Schedule, Article 368 |
4. Summary: Amendments at a Glance
| Type | Majority Required | Key Provisions |
|---|---|---|
| Simple Majority | Majority of members present and voting | New states, boundaries, legislative councils, English language, Fifth/Sixth Schedules |
| Special Majority | Total membership majority + 2/3 present and voting | Fundamental Rights, DPSP, other provisions |
| Special Majority + State Consent | Special majority + consent of at least half of states | Federal structure, President election, SC/HC, Seventh Schedule, Article 368 |
Key Takeaways for UPSC
- Article 368: Part XX — Power of Parliament to amend the Constitution
- Simple Majority: Not deemed as amendment under Article 368 — new states, boundaries, legislative councils
- Special Majority: Total membership majority + 2/3 present and voting — FRs, DPSP
- Special Majority + State Consent: At least half of states must consent — federal structure, Seventh Schedule, Article 368
- State Consent: No time limit for states to give consent
- Basic Structure: Amendments cannot destroy the basic structure of the Constitution
High-Yield Interactive UPSC Quiz (Amendments to the Constitution)
Q1. Article 368 of the Indian Constitution deals with:
Correct Answer: B. Article 368 in Part XX deals with the powers of Parliament to amend the Constitution and its procedure.
Q2. Which type of amendment requires only a simple majority?
Correct Answer: B. Admission or establishment of new states can be amended by a simple majority of Parliament (not deemed as amendment under Article 368).
Q3. A special majority for amending the Constitution means:
Correct Answer: C. Special majority means the majority of the total membership of each House and a majority of two-thirds of the members of each House present and voting.
Q4. Which provisions require the consent of at least half of the state legislatures for amendment?
Correct Answer: C. Election of the President requires a special majority of Parliament and the consent of at least half of the state legislatures (federal provisions).
Q5. Which Schedule deals with the administration of scheduled areas and scheduled tribes?
Correct Answer: B. The Fifth Schedule deals with the administration of scheduled areas and scheduled tribes and can be amended by a simple majority.
Q6. Amendments to which of the following require a special majority of Parliament AND consent of states?
Correct Answer: C. Distribution of legislative powers is a federal provision and requires a special majority of Parliament and the consent of at least half of the states.
Q7. What is the time limit for states to give their consent to a constitutional amendment bill?
Correct Answer: D. There is no time limit within which the states should give their consent to the bill.
Q8. Which Article itself can be amended by special majority and consent of states?
Correct Answer: D. Article 368 itself can be amended by a special majority of Parliament and the consent of at least half of the state legislatures.
Q9. Which of the following is NOT amended by a simple majority?
Correct Answer: C. Fundamental Rights require a special majority, not a simple majority.
Q10. The Sixth Schedule deals with:
Correct Answer: B. The Sixth Schedule deals with the administration of tribal areas in the states of Assam, Meghalaya, Tripura, and Mizoram.