Amendment of the Constitution and Basic Structure
Procedure (Art 368, Part XX)
| Type | Used for | Required |
|---|---|---|
| Simple majority (outside Art 368) | New States and boundaries (Arts 2 to 4), Legislative Councils (Art 169), citizenship, delimitation, official language, Fifth and Sixth Schedules, salaries of MPs and others | Ordinary majority in each House |
| Special majority | Most provisions, including Fundamental Rights and Directive Principles | Majority of the total membership of each House and two-thirds of members present and voting |
| Special majority and ratification | Federal provisions: election of the President, executive and legislative powers of Centre and States, Supreme Court and High Courts, Seventh Schedule, representation of States in Parliament, Art 368 itself | Special majority and approval by half of the State legislatures |
- A Bill to amend the Constitution can be introduced only in Parliament (either House), not in State Legislatures. Prior permission of the President is not needed.
- There is no joint sitting for such a Bill.
- The President must give assent (24th Amendment, 1971).
The long fight over the amending power
| Case | Year | Held |
|---|---|---|
| Shankari Prasad | 1951 | Parliament can amend any part, including Fundamental Rights. |
| Sajjan Singh | 1965 | Same view again. |
| Golaknath | 1967 | Parliament cannot amend Fundamental Rights. |
| 24th Amendment | 1971 | Parliament's power to amend any part restored. |
| Kesavananda Bharati | 1973 | 13 judges, 7:6. Parliament can amend any part but cannot alter the "basic structure". |
| Indira Gandhi v Raj Narain | 1975 | Free and fair elections are part of the basic structure. |
| Minerva Mills | 1980 | Limited amending power is itself basic structure. Clauses added by the 42nd Amendment were struck down. |
| I.R. Coelho | 2007 | Laws placed in the Ninth Schedule after 24 April 1973 can be reviewed by courts. |
| NJAC case | 2015 | 99th Amendment and the National Judicial Appointments Commission struck down. |
Basic structure (examples)
The doctrine is not written in the Constitution. It has been built up case by case. Features held to be part of it include: supremacy of the Constitution, sovereign democratic republic, secularism, separation of powers, federalism, judicial review, rule of law, free and fair elections, independence of the judiciary, harmony between Fundamental Rights and Directive Principles, and the limited power of Parliament to amend.
Important amendments
| Amendment | Year | Subject |
|---|---|---|
| 1st | 1951 | Ninth Schedule added, reasonable restrictions on speech widened, Art 15(4) |
| 7th | 1956 | Reorganisation of States |
| 24th, 25th | 1971 | Amending power, Art 31C |
| 26th | 1971 | Privy purses abolished |
| 36th | 1975 | Sikkim became a State |
| 42nd | 1976 | "Mini-Constitution": Socialist, Secular, Integrity, Fundamental Duties |
| 44th | 1978 | Property removed from Fundamental Rights, Emergency safeguards |
| 52nd | 1985 | Anti-defection law, Tenth Schedule |
| 61st | 1988 | Voting age reduced from 21 to 18 |
| 69th | 1991 | Delhi became National Capital Territory |
| 73rd, 74th | 1992 | Panchayats and Municipalities |
| 86th | 2002 | Right to education (Art 21A) |
| 91st | 2003 | Limit on size of ministries, stricter anti-defection |
| 97th | 2011 | Co-operative societies |
| 99th | 2014 | NJAC (struck down in 2015) |
| 101st | 2016 | Goods and Services Tax |
| 102nd | 2018 | Constitutional status to the National Commission for Backward Classes |
| 103rd | 2019 | 10 per cent EWS reservation |
| 104th | 2019 | SC/ST reservation in legislatures extended to 2030, Anglo-Indian nomination ended |
| 105th | 2021 | States' power to identify SEBCs restored |
| 106th | 2023 | One-third reservation for women (Nari Shakti Vandan Adhiniyam) |
Keep practising
Notes are only half the work. Test yourself with questions and discuss doubts with other aspirants.
Prepared for exam revision from the Constitution of India and standard sources. Office-holders and recent developments change, so check official sources before relying on them. Found a mistake? Tell us.