World Politics & Governance20 Concepts & Facts

Constitutional Amendment Procedures GK Facts, Article 368 & Global Systems Guide

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A constitutional amendment is a formal revision, addition, or repeal made to the foundational legal charter of a sovereign nation. Legal theorists classic constitutional systems into rigid and flexible models based on the difficulty of changing them. British legal scholar A.V. Dicey noted that in a flexible system, constitutional law can be changed through the same legislative route as everyday traffic regulations or tax rules. The United Kingdom represents the classic flexible system, where the unwritten constitution gives Parliament supreme authority to pass or undo any constitutional rule with a simple majority. Because no statutory text sits above Parliament, the British framework adapts rapidly to new political conditions without special ratifying procedures.

In contrast, a rigid constitution establishes a distinct hierarchy that places the foundational document above routine legislation, demanding specialized supermajorities to modify its text. The United States Constitution epitomizes this rigidity under Article V. Proposing an amendment requires either a two-thirds vote in both the House of Representatives and the Senate, or a national convention requested by two-thirds of state legislatures. Once proposed, three-fourths of the fifty states, representing thirty-eight legislatures or state conventions, must approve the measure before it takes effect. Over more than two centuries, thousands of amendments have been introduced in the American Congress, but only twenty-seven have cleared this rigorous double hurdle. Other nations introduce direct democracy into their rigid procedures. Switzerland and Australia mandate national referendums that must achieve a double majority, meaning approval by both a majority of individual voters nationwide and a majority of cantons or federal states.

India adopted an intermediate path designed by its Constituent Assembly to combine flexibility with stability. Part XX of the Indian Constitution contains Article 368, which was adapted from the South African model. Dr. B.R. Ambedkar explained that the framework avoids the extreme rigidity of the American system and the unconstrained flexibility of the British Parliament. Under Article 368, India uses two formal methods: a special majority of Parliament requiring a majority of total membership and a two-thirds majority of members present and voting, and a second route for federal matters requiring this special parliamentary majority alongside ratification by at least half of the state legislatures. Certain administrative matters, like creating new states under Article 3 or establishing legislative councils under Article 169, require only a simple majority and are excluded from Article 368. Additionally, the Indian Supreme Court established the Basic Structure doctrine in 1973, ensuring that Parliament cannot damage essential constitutional foundations.

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A constitutional amendment represents the formal modification of a sovereign state's fundamental governing text.

Constitutional scholar A.V. Dicey categorized constitutions into flexible and rigid types based on whether amendments require an extraordinary legislative procedure.

The United Kingdom operates a flexible unwritten constitution where Parliament can amend constitutional statutes using an ordinary simple legislative majority.

The United States Constitution is classified as rigid, requiring extraordinary supermajorities governed strictly by Article V.

Under Article V of the US Constitution, an amendment proposal requires a two-thirds vote in both Houses of Congress or an application from two-thirds of state legislatures.

Ratification of an American constitutional amendment requires approval from three-fourths of the states (38 out of 50 states) via legislatures or conventions.

Over more than 230 years since its adoption in 1787, the United States Constitution has been amended only 27 times.

Part XX of the Constitution of India governs amendment procedures under Article 368, which was borrowed from the Constitution of South Africa.

An amendment bill under Article 368 can be introduced in either House of Parliament, but cannot be introduced in any State Legislative Assembly.

#10

Prior recommendation of the President of India is not required to introduce a constitutional amendment bill in Parliament.

#11

Under Article 368, a constitutional amendment bill must be passed by each House sitting separately; there is no constitutional provision for a joint sitting under Article 108.

#12

The special majority required by Article 368 demands a majority of the total membership of the House and a majority of at least two-thirds of members present and voting.

#13

Amendments affecting federal provisions require a special majority of Parliament plus ratification by at least half of the state legislatures by simple majority.

#14

The 24th Constitutional Amendment Act of 1971 made it mandatory for the President of India to give assent to a constitutional amendment bill passed under Article 368.

#15

Certain constitutional provisions, such as creating new states under Article 3 or abolishing State Legislative Councils under Article 169, are amended by simple majority and fall outside Article 368.

#16

The landmark Kesavananda Bharati verdict of 1973 ruled that Parliament's amending power under Article 368 is limited and cannot alter the Basic Structure of the Constitution.

#17

The Minerva Mills case of 1980 struck down clauses (4) and (5) of Article 368, reaffirming that judicial review and limited amending power are basic features.

#18

Australia's Section 128 requires a double majority referendum: a national majority of all voters plus a majority of voters in a majority of states (at least 4 of 6 states).

#19

Switzerland requires a double majority of the Swiss people and cantons to approve total or partial revisions to the Federal Constitution.

#20

Article 79, Paragraph 3 of the German Basic Law contains an Eternity Clause (Ewigkeitsklausel) that permanently forbids any amendment abolishing human dignity or the federal order.

Subject Specialist Commentary

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Educator's Insight

Constitutional amendment procedures determine how a country updates its highest legal document. In flexible systems like Britain, lawmakers alter constitutional rules using regular legislative votes. In rigid systems like the United States, amendments require overwhelming supermajorities across national and regional legislatures. India balances both philosophies under Article 368. It allows routine administrative adjustments by simple majority, while safeguarding federal balance through special parliamentary supermajorities and mandatory state ratifications.

For UPSC and State PSC exams, never forget that constitutional amendment bills cannot be resolved through joint sittings under Article 108. Both the Lok Sabha and Rajya Sabha hold equal veto power. A frequent prelims trap tests presidential power: under the 24th Amendment of 1971, the President must grant assent and cannot withhold or return the bill. Remember the federal ratification threshold using the simple fraction "Half of States by Simple Vote."

Constitutional Amendment Procedures GK Facts, Article 368 & Global Systems Guide

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