UPSC Mains Notes 2026 | GS Paper II | Page 15 | Amendment of the Constitution (Article 368) | Complete Study Notes, Basic Structure Doctrine, Landmark Judgments, PYQs & MCQs

 

Representative educational image (Picsum Photos placeholder)

Amendment of the Constitution (Article 368)

Introduction

The Constitution of India is a living and dynamic document. It must be capable of adapting to changing political, social, economic and technological circumstances while preserving its core constitutional values. Therefore, the Constitution provides a well-defined procedure for its amendment through Article 368 contained in Part XX.

The power to amend the Constitution enables Parliament to respond to emerging national needs without replacing the Constitution itself. At the same time, judicial interpretation ensures that this power is not exercised in a manner that destroys the Constitution's essential features.

---

Constitutional Framework

Part	Article	Subject
Part XX	Article 368	Power of Parliament to Amend the Constitution

---

Meaning of Constitutional Amendment

A Constitutional Amendment is the process through which provisions of the Constitution may be added, modified or repealed according to the procedure prescribed by the Constitution itself. It ensures constitutional continuity while allowing gradual reform.

---

Need for Constitutional Amendments

• To address changing social and economic conditions.
• To strengthen democratic institutions.
• To implement judicial decisions where necessary.
• To improve governance and administration.
• To accommodate federal and regional aspirations.
• To introduce new constitutional rights and institutions.
• To ensure constitutional stability with flexibility.

---

Historical Background

The Constituent Assembly recognised that no Constitution could permanently anticipate every future challenge. Therefore, it adopted a balanced amendment procedure that is neither as rigid as some constitutions nor as flexible as ordinary legislation.

Dr. B. R. Ambedkar described the Indian Constitution as a balanced Constitution capable of evolving with time while maintaining constitutional stability.

---

Nature of the Indian Constitution

Feature	Position
Rigidity	Present in certain provisions
Flexibility	Present in several provisions
Overall Nature	Partly Rigid and Partly Flexible

---

Types of Constitutional Amendments

The Constitution may be amended through three different methods depending upon the subject involved.

Method	Examples
Simple Majority of Parliament	Formation of new States, Citizenship provisions (certain matters), Salaries, Quorum and other provisions outside Article 368.
Special Majority of Parliament	Most Constitutional Amendments under Article 368.
Special Majority + Ratification by at least Half of the State Legislatures	Federal provisions such as Election of the President, Supreme Court, High Courts, Legislative relations and distribution of powers.

---

Objectives of Article 368

• Preserve constitutional continuity.
• Balance stability with flexibility.
• Strengthen democratic governance.
• Protect constitutional values.
• Enable peaceful constitutional evolution.
• Support national development.

---

Importance for UPSC

• Frequently asked in UPSC Prelims.
• Important topic for Mains GS Paper II.
• Closely linked with the Basic Structure Doctrine.
• Essential for understanding Constitutional Amendments.
• Frequently connected with landmark Supreme Court judgments.

UPSC Insight

Remember the constitutional sequence: Part III → Fundamental Rights, Part IV → Directive Principles, Part IVA → Fundamental Duties, Part XX → Amendment of the Constitution (Article 368). For UPSC Mains, always explain that Article 368 reflects the balance between constitutional flexibility and constitutional supremacy. This balance was further strengthened through the Basic Structure Doctrine evolved by the Supreme Court.

Representative educational image (Picsum Photos placeholder)

Procedure for Amendment under Article 368

Article 368 lays down the formal procedure for amending the Constitution. The amendment process ensures that constitutional changes take place through a democratic and structured mechanism while protecting the Constitution's stability.

---

Step-by-Step Amendment Procedure

Step 1 – Introduction of the Bill

A Constitutional Amendment Bill may be introduced in either House of Parliament (Lok Sabha or Rajya Sabha). Unlike an ordinary Bill, it does not require prior permission of the President before introduction.

---

Step 2 – Passage in Each House

The Bill must be passed separately by both Houses with the required Special Majority. There is no provision for a joint sitting if one House rejects the Bill or fails to pass it.

---

Step 3 – Ratification by States (Where Required)

If the amendment relates to federal provisions, it must also be approved by at least one-half of the State Legislatures before being presented to the President.

---

Step 4 – President's Assent

After being duly passed (and ratified by States wherever necessary), the Bill is presented to the President. Under Article 368, the President gives assent, after which the Bill becomes a Constitutional Amendment Act.

---

Types of Parliamentary Majorities

Type of Majority	Meaning	Examples
Simple Majority	More than 50% of members present and voting	Creation of States, salaries, quorum and certain constitutional provisions outside Article 368
Special Majority	Majority of the total membership of each House and not less than two-thirds of members present and voting	Most Constitutional Amendments
Special Majority + State Ratification	Special Majority in Parliament plus approval by at least half of the State Legislatures	Federal provisions

---

Subjects Requiring State Ratification

• Election of the President.
• Extent of executive powers of the Union and States.
• Supreme Court and High Courts.
• Distribution of legislative powers.
• Seventh Schedule (Union, State and Concurrent Lists).
• Representation of States in Parliament.
• Article 368 itself.

---

Features of the Amendment Procedure

• No joint sitting of Parliament is permitted.
• States cannot independently initiate a Constitutional Amendment Bill.
• The Constitution prescribes different amendment procedures for different subjects.
• Both Houses enjoy equal powers in Constitutional Amendments.
• The amendment process balances flexibility with constitutional stability.

---

Advantages of the Indian Amendment Process

• Provides constitutional flexibility.
• Protects democratic values.
• Maintains federal balance.
• Allows peaceful constitutional evolution.
• Prevents arbitrary constitutional changes.
• Ensures participation of both Parliament and States in important federal matters.

---

Limitations

• Some amendments may become politically difficult due to the requirement of Special Majority.
• Federal amendments require State ratification, which may delay the process.
• No mechanism exists for resolving deadlocks between the two Houses through a joint sitting.

---

UPSC Value Addition

Remember the sequence: Bill → Parliament → Special Majority → State Ratification (if required) → President's Assent → Constitutional Amendment Act. For UPSC Prelims, remember the three amendment methods: Simple Majority, Special Majority, and Special Majority + Half of the States. For UPSC Mains, always mention that the Indian Constitution is **partly rigid and partly flexible**, making its amendment procedure unique among modern constitutions.

Representative educational image (Picsum Photos placeholder)

Important Constitutional Amendments

Since the Constitution came into force on 26 January 1950, Parliament has enacted numerous Constitutional Amendments to address changing national needs, strengthen governance and protect constitutional values.

---

Major Constitutional Amendments

Amendment	Year	Importance
1st Amendment	1951	Reasonable restrictions on Fundamental Rights, Ninth Schedule.
24th Amendment	1971	Confirmed Parliament's power to amend Fundamental Rights.
25th Amendment	1971	Strengthened Directive Principles relating to property.
42nd Amendment	1976	Known as the "Mini Constitution"; added Fundamental Duties and strengthened Directive Principles.
44th Amendment	1978	Restored democratic safeguards and removed the Right to Property as a Fundamental Right.
52nd Amendment	1985	Introduced the Anti-Defection Law.
61st Amendment	1988	Reduced the voting age from 21 to 18 years.
73rd & 74th Amendments	1992	Constitutional status to Panchayats and Municipalities.
86th Amendment	2002	Made education a Fundamental Right through Article 21A.
101st Amendment	2016	Introduced the Goods and Services Tax (GST).
103rd Amendment	2019	Introduced 10% reservation for Economically Weaker Sections (EWS).
106th Amendment	2023	Provided reservation for women in the Lok Sabha and State Legislative Assemblies.

---

Basic Structure Doctrine

The Basic Structure Doctrine is one of the most significant principles of Indian Constitutional Law. It states that while Parliament has wide powers to amend the Constitution under Article 368, it cannot alter or destroy its basic structure.

This doctrine protects the identity and core values of the Constitution from arbitrary amendments.

---

Elements of the Basic Structure

• Supremacy of the Constitution.
• Rule of Law.
• Judicial Review.
• Separation of Powers.
• Federalism.
• Secularism.
• Democracy.
• Republican form of Government.
• Free and Fair Elections.
• Independence of Judiciary.
• Dignity of the Individual.
• Unity and Integrity of India.

---

Landmark Supreme Court Judgments

1. Shankari Prasad v. Union of India (1951)

The Supreme Court held that Parliament could amend Fundamental Rights through Constitutional Amendments.

2. Sajjan Singh v. State of Rajasthan (1965)

The Court reaffirmed Parliament's amendment powers under Article 368.

3. Golak Nath v. State of Punjab (1967)

The Court ruled that Parliament could not amend Fundamental Rights. This decision was later modified through subsequent constitutional developments.

4. Kesavananda Bharati v. State of Kerala (1973)

The Supreme Court evolved the Basic Structure Doctrine, holding that Parliament may amend any part of the Constitution but cannot damage or destroy its basic structure.

5. Minerva Mills v. Union of India (1980)

The Court held that limited amending power itself is part of the Basic Structure and maintained harmony between Fundamental Rights and Directive Principles.

---

Importance of the Basic Structure Doctrine

• Protects constitutional supremacy.
• Prevents misuse of amendment powers.
• Safeguards democracy.
• Strengthens judicial review.
• Maintains constitutional continuity.
• Protects citizens' constitutional freedoms.

---

UPSC Value Addition

Remember this judicial sequence: Shankari Prasad → Sajjan Singh → Golak Nath → Kesavananda Bharati → Minerva Mills For UPSC Mains, always mention that the Kesavananda Bharati (1973) judgment introduced the Basic Structure Doctrine, which remains the cornerstone of India's constitutional amendment jurisprudence.

Representative educational image (Picsum Photos placeholder)

Important Constitutional Amendments

Since the Constitution came into force on 26 January 1950, Parliament has enacted numerous Constitutional Amendments to address changing national needs, strengthen governance and protect constitutional values.

---

Major Constitutional Amendments

Amendment	Year	Importance
1st Amendment	1951	Reasonable restrictions on Fundamental Rights, Ninth Schedule.
24th Amendment	1971	Confirmed Parliament's power to amend Fundamental Rights.
25th Amendment	1971	Strengthened Directive Principles relating to property.
42nd Amendment	1976	Known as the "Mini Constitution"; added Fundamental Duties and strengthened Directive Principles.
44th Amendment	1978	Restored democratic safeguards and removed the Right to Property as a Fundamental Right.
52nd Amendment	1985	Introduced the Anti-Defection Law.
61st Amendment	1988	Reduced the voting age from 21 to 18 years.
73rd & 74th Amendments	1992	Constitutional status to Panchayats and Municipalities.
86th Amendment	2002	Made education a Fundamental Right through Article 21A.
101st Amendment	2016	Introduced the Goods and Services Tax (GST).
103rd Amendment	2019	Introduced 10% reservation for Economically Weaker Sections (EWS).
106th Amendment	2023	Provided reservation for women in the Lok Sabha and State Legislative Assemblies.

---

Basic Structure Doctrine

The Basic Structure Doctrine is one of the most significant principles of Indian Constitutional Law. It states that while Parliament has wide powers to amend the Constitution under Article 368, it cannot alter or destroy its basic structure.

This doctrine protects the identity and core values of the Constitution from arbitrary amendments.

---

Elements of the Basic Structure

• Supremacy of the Constitution.
• Rule of Law.
• Judicial Review.
• Separation of Powers.
• Federalism.
• Secularism.
• Democracy.
• Republican form of Government.
• Free and Fair Elections.
• Independence of Judiciary.
• Dignity of the Individual.
• Unity and Integrity of India.

---

Landmark Supreme Court Judgments

1. Shankari Prasad v. Union of India (1951)

The Supreme Court held that Parliament could amend Fundamental Rights through Constitutional Amendments.

2. Sajjan Singh v. State of Rajasthan (1965)

The Court reaffirmed Parliament's amendment powers under Article 368.

3. Golak Nath v. State of Punjab (1967)

The Court ruled that Parliament could not amend Fundamental Rights. This decision was later modified through subsequent constitutional developments.

4. Kesavananda Bharati v. State of Kerala (1973)

The Supreme Court evolved the Basic Structure Doctrine, holding that Parliament may amend any part of the Constitution but cannot damage or destroy its basic structure.

5. Minerva Mills v. Union of India (1980)

The Court held that limited amending power itself is part of the Basic Structure and maintained harmony between Fundamental Rights and Directive Principles.

---

Importance of the Basic Structure Doctrine

• Protects constitutional supremacy.
• Prevents misuse of amendment powers.
• Safeguards democracy.
• Strengthens judicial review.
• Maintains constitutional continuity.
• Protects citizens' constitutional freedoms.

---

UPSC Value Addition

Remember this judicial sequence: Shankari Prasad → Sajjan Singh → Golak Nath → Kesavananda Bharati → Minerva Mills For UPSC Mains, always mention that the Kesavananda Bharati (1973) judgment introduced the Basic Structure Doctrine, which remains the cornerstone of India's constitutional amendment jurisprudence.

Representative educational image (Picsum Photos placeholder)

UPSC Previous Year Questions (Theme-Based)

PYQ 1

"The Constitution of India is neither rigid nor flexible but a combination of both." Explain with reference to Article 368.

PYQ 2

Discuss the significance of the Basic Structure Doctrine in preserving constitutional democracy in India.

---

Model Answer Framework (15 Marks)

Introduction

Article 368 provides Parliament with the power to amend the Constitution. It ensures constitutional adaptability while preserving the Constitution's essential values through judicial safeguards.

Body

• Need for constitutional amendments.
• Three methods of amendment.
• Procedure under Article 368.
• Role of State ratification.
• Basic Structure Doctrine.
• Important Supreme Court judgments.
• Balance between Parliament and Judiciary.

Conclusion

The amendment process reflects the Constitution's balanced character by combining flexibility with stability. The Basic Structure Doctrine ensures that constitutional evolution never destroys the Constitution's core identity.

---

Practice Questions

1. Explain the procedure for amending the Constitution under Article 368.
2. Discuss the significance of the Basic Structure Doctrine.
3. Differentiate between ordinary legislation and constitutional amendments.
4. Why is the Indian Constitution described as partly rigid and partly flexible?
5. Evaluate the role of judicial review in constitutional amendments.

---

Case Study

Parliament passes a Constitutional Amendment that substantially limits the power of judicial review and alters the independence of the judiciary. As a constitutional expert, explain whether such an amendment could be challenged before the Supreme Court. Refer to the Basic Structure Doctrine and relevant judgments in your answer.

---

UPSC Prelims MCQs

1. The procedure for amendment of the Constitution is primarily contained in:

A. Article 32
B. Article 226
C. Article 356
D. Article 368

Answer: D

---

2. Which Constitutional Amendment is popularly known as the "Mini Constitution"?

A. 24th Amendment
B. 42nd Amendment
C. 44th Amendment
D. 52nd Amendment

Answer: B

---

3. The Basic Structure Doctrine was evolved in:

A. Golak Nath Case
B. Minerva Mills Case
C. Kesavananda Bharati Case
D. Sajjan Singh Case

Answer: C

---

4. Which Constitutional Amendment lowered the voting age from 21 years to 18 years?

A. 52nd Amendment
B. 61st Amendment
C. 73rd Amendment
D. 86th Amendment

Answer: B

---

5. Which Constitutional Amendment introduced the Goods and Services Tax (GST)?

A. 97th Amendment
B. 99th Amendment
C. 101st Amendment
D. 103rd Amendment

Answer: C

---

6. Which of the following requires ratification by at least half of the State Legislatures?

A. Change in Members' Salaries
B. Amendment relating to the Supreme Court C. Citizenship provisions amended by simple majority D. Creation of a new district

Answer: B

---

7. The doctrine that limits Parliament's power to amend the Constitution is known as:

A. Doctrine of Eclipse
B. Doctrine of Severability
C. Basic Structure Doctrine
D. Doctrine of Colourable Legislation

Answer: C

---

8. Which case first introduced the Basic Structure Doctrine?

A. Shankari Prasad
B. Sajjan Singh
C. Kesavananda Bharati
D. Waman Rao

Answer: C

---

9. Which Constitutional Amendment introduced reservation for Economically Weaker Sections (EWS)?

A. 97th Amendment
B. 101st Amendment
C. 103rd Amendment
D. 106th Amendment

Answer: C

---

10. The Constitution of India is generally described as:

A. Completely Rigid
B. Completely Flexible
C. Partly Rigid and Partly Flexible
D. Unamendable

Answer: C

---

UPSC Interview Questions

• Why is the Basic Structure Doctrine considered a unique contribution of the Indian judiciary?
• Can Parliament amend every provision of the Constitution? Explain.
• How does Article 368 maintain a balance between constitutional stability and flexibility?
• Why is judicial review essential in constitutional amendments?
• Should the amendment process be made easier or stricter? Give reasons.

---

UPSC Answer Writing Tip

In Mains answers, always begin with Article 368, explain the three methods of amendment, refer to important Constitutional Amendments, discuss the Kesavananda Bharati (1973) judgment and conclude by stating that the Basic Structure Doctrine protects the Constitution while allowing democratic constitutional evolution.

Representative educational image (Picsum Photos placeholder)

Mind Map – Amendment of the Constitution

              AMENDMENT OF THE CONSTITUTION
                    (Article 368)

                          │
     ┌────────────────────┼────────────────────┐
     │                    │                    │
 Amendment          Amendment Process     Judicial Control
  Methods

     │                    │                    │

Simple Majority      Bill in Parliament     Basic Structure
Special Majority     Both Houses            Judicial Review
Special + States     State Ratification     Supreme Court
President's Assent   Constitutional Act     Kesavananda Case

                          │
          Flexible Constitution + Constitutional Supremacy

---

Easy Mnemonic

"Bill → Majority → States → President → Basic Structure."

This sequence helps remember the constitutional amendment process under Article 368.

---

One-Minute UPSC Revision Table

Topic	Key Point
Part	Part XX
Article	Article 368
Nature	Partly Rigid and Partly Flexible Constitution
Methods	3 Methods of Amendment
Key Doctrine	Basic Structure Doctrine
Leading Judgment	Kesavananda Bharati (1973)
Judicial Power	Judicial Review
Federal Amendments	Require Ratification by at least Half of the States

---

Frequently Asked Prelims Facts

• Article 368 is contained in Part XX of the Constitution.
• The Constitution provides three methods of amendment.
• Most Constitutional Amendments require a Special Majority.
• Some federal provisions require ratification by at least half of the State Legislatures.
• The President gives assent after the constitutional procedure is completed.
• The Basic Structure Doctrine limits Parliament's amendment power.

---

Common Mistakes to Avoid

• Do not confuse Constitutional Amendments with ordinary legislation.
• Remember that not every amendment requires State ratification.
• Do not forget that there is no joint sitting for Constitutional Amendment Bills.
• Always mention the Basic Structure Doctrine in Mains answers.
• Quote the Kesavananda Bharati judgment while discussing Article 368.

---

UPSC Interview Questions

• Why is the Indian Constitution described as both rigid and flexible?
• How does the Basic Structure Doctrine strengthen Indian democracy?
• Can Parliament amend every provision of the Constitution? Explain.
• Why is Judicial Review essential in Constitutional Amendments?
• Should the amendment process be simplified in the future? Give reasons.

---

Chapter Synopsis

Article 368 provides the constitutional mechanism for amending the Constitution while preserving its identity. Parliament has broad amending powers, but these are subject to the Basic Structure Doctrine established by the Supreme Court. This balance between flexibility and constitutional supremacy has enabled the Indian Constitution to evolve while safeguarding its democratic character, federal structure and rule of law.

---

Final UPSC Revision Points

• Part XX – Article 368
• Three Methods of Constitutional Amendment
• Special Majority is required for most amendments
• Some amendments require ratification by at least half of the States
• No Joint Sitting for Constitutional Amendment Bills
• Basic Structure Doctrine limits Parliament's amending power
• Landmark Cases: Shankari Prasad, Sajjan Singh, Golak Nath, Kesavananda Bharati, Minerva Mills
• Constitution is Partly Rigid and Partly Flexible
• Judicial Review protects Constitutional Supremacy
• Article 368 ensures constitutional continuity with democratic evolution

---

Next Chapter

➡ General Studies Paper II – Page 16: The Preamble of the Constitution – Philosophy, Features, Amendments & Judicial Interpretation