Constitutional Amendment – Article 368 (UPSC & UPPSC Notes Polity)

The Constitutional Amendment Article 368 UPPSC Notes Polity topic is one of the most important areas of the Indian Polity syllabus. Article 368 of the Constitution provides the procedure through which the Parliament can amend the Constitution.
Amendments allow the Constitution to adapt to social, economic, and political needs, preserving flexibility without compromising the basic structure of the Constitution.

Meaning of Constitutional Amendment

A Constitutional Amendment refers to the change, addition, modification or repeal of provisions of the Constitution through the procedure laid down under Article 368.

Article 368 – Constitutional Provisions

Article 368 contains:

Power of the Parliament to amend the Constitution

Procedure for amendment

Acts requiring ratification by states

Procedure for Constitutional Amendment

Constitution can be amended in three different ways:

1. By Simple Majority of Parliament

Used for matters not considered constitutional amendments. Examples:

Formation of new states (Article 3)

Abolition/creation of Legislative Councils (Article 169)

Delimitation of constituencies

2. By Special Majority of Parliament (Article 368)

2/3rd members present and voting + majority of total membership of each House. Applicable to:

Fundamental Rights

Directive Principles of State Policy

Union and State relations

3. Special Majority + Ratification by 1/2 States

Amendments affecting federal structure need ratification by at least 50% states. Examples:

Election of President

Supreme Court & High Court powers

Distribution of legislative powers

Seventh Schedule

Representation of States in Parliament

Types of Amendments (UPSC & UPPSC Fact)

Type Voting Requirement

Simple Majority : >50% present & voting. Eg Article 3, 169

Special Majority : 2/3rd present & voting + majority of total members. Eg FRs, DPSPs

Special Majority + State Ratification : + 50% state. Eg approval Federal structure matters

Important Constitutional Amendment Acts

Amendment Act Year Significance

1st (1951) – Curbed misuse of Freedom of Speech
7th (1956) – Reorganization of states
24th (1971) – Affirmed Parliament’s power to amend FRs
42nd (1976) – Mini-Constitution (added Socialist & Secular)
44th (1978) -Removed emergency misuse, restored rights
52nd (1985) – Anti-defection law
61st (1989) – Voting age reduced: 21 → 18 years
73rd & 74th (1992) – Panchayati Raj & Municipalities
86th (2002) – Free and compulsory education (RTE)
101st (2016) – GST introduced

Landmark Supreme Court Judgments on Amendments

Shankari Prasad Case in 1951 – Parliament can amend FRs
Golaknath Case in 1967 – Parliament cannot amend FRs
Kesavananda Bharati Case in 1973 – Parliament can amend FRs but cannot alter the Basic Structure
Minerva Mills Case in 1980 – Balance between FRs and DPSPs is part of Basic Structure

Basic Structure Doctrine (Must-learn for UPSC & UPPSC)

The Constitution can be amended, but its core foundation (basic structure) cannot be destroyed.
Features included in Basic Structure:

Supremacy of the Constitution

Republican and Democratic form of government

Secularism

Separation of powers

Judicial review

Federalism

Why Amendments Are Necessary

To respond to social & economic changes

To remove inconsistencies

To strengthen democratic values

To fix loopholes in existing laws