Constitution of IndiaPart XX

Article 368

Power of Parliament to Amend the Constitution and Procedure Therefor

constitutional amendmentbasic structureKesavananda BharatiParliamentprocedurespecial majorityratification

Plain English Explanation

Article 368 prescribes the procedure for amending the Constitution. There are three methods: (1) Simple majority — for certain provisions like admission of new states, (2) Special majority (2/3rd of members present + absolute majority of total membership in both Houses) — for most provisions, (3) Special majority + ratification by half the state legislatures — for federal provisions. The Supreme Court in Kesavananda Bharati (1973) held that Parliament cannot amend the "basic structure" of the Constitution.

Legal Text

The Constitution of India · Article 368

(1) Notwithstanding anything in this Constitution, Parliament may in exercise of its constituent power amend by way of addition, variation or repeal any provision of this Constitution in accordance with the procedure laid down in this article. (2) An amendment of this Constitution may be initiated only by the introduction of a Bill for the purpose in either House of Parliament, and when the Bill is passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting, it shall be presented to the President who shall give his assent to the Bill and thereupon the Constitution shall stand amended in accordance with the terms of the Bill.