Page 10 – Amendment of the Constitution

Based on M. Laxmikanth – Indian Polity (6th Edition)

📖 Part I: Constitutional Framework 📄 Page 10 of 60
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Key Idea Summary

Core concepts and exam relevance

Core Concept Summary

The Constitution must evolve with society. Article 368 provides a mechanism for formal amendments.

India's amendment procedure is neither too rigid (like USA) nor too flexible (like UK) – it's a blend of both.

📌 Why This Topic is Important for UPSC / State Exams
  • Questions on types of majorities and when they apply
  • Basic Structure Doctrine – Kesavananda Bharati case
  • Important amendments: 42nd, 44th, 73rd, 74th, 101st
  • Understanding how governance changes over time
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3 Types of Constitutional Amendments

Based on majority required

1

Simple Majority

Majority of members present & voting

  • Creation of new states (Art. 3)
  • Citizenship provisions
  • Salaries of MPs, judges
  • Some schedule changes
  • NOT under Article 368
2

Special Majority

2/3 present & voting + 50% total strength

  • Fundamental Rights
  • Directive Principles
  • Powers of Parliament
  • Most constitutional provisions
  • Under Article 368
3

Special Majority + State Ratification

Special majority + 50% state legislatures

  • Election of President
  • Federal structure matters
  • SC/HC jurisdiction
  • Distribution of powers
  • Representation in Parliament
Type Majority Required State Ratification Examples
Simple 50%+ present & voting No New states, citizenship, salaries
Special 2/3 present & voting + 50% total No FRs, DPSPs, most provisions
Special + States Special + 50% states Yes Federal matters, election of President
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Basic Structure Doctrine

The unbreakable core of the Constitution

📜 Kesavananda Bharati v. State of Kerala (1973)

The 13-judge Constitutional Bench (largest ever) held that Parliament can amend any part of the Constitution, but cannot alter its "Basic Structure". This is an implied limitation on amending power.

Overruled: Golak Nath case (1967) which said FRs cannot be amended.
Affirmed by: Minerva Mills case (1980), Waman Rao case (1981)

Elements of Basic Structure (Cannot Be Amended)

Supremacy of Constitution
Sovereign, Democratic, Republic
Secular Character
Federal Structure
Separation of Powers
Judicial Review
Independence of Judiciary
Free & Fair Elections
Rule of Law
Harmony between FRs & DPSPs
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Major Constitutional Amendments

Key amendments for exams

1951
1st Amendment
Added 9th Schedule. Introduced reasonable restrictions on FRs (Art. 19). Added Art. 31A & 31B.
1971
24th Amendment
Affirmed Parliament's power to amend any part of Constitution including FRs. Overruled Golak Nath partially.
1976
42nd Amendment – "Mini Constitution"
Most comprehensive amendment. Added Socialist, Secular, Integrity to Preamble. Added Fundamental Duties. Made Constitution amendments immune from judicial review (later struck down).
1978
44th Amendment
Restored key rights curtailed during Emergency. Right to Property made legal right (not FR). Restored judicial review.
1992
73rd & 74th Amendments
Panchayati Raj (73rd) and Municipalities (74th) given constitutional status. Added Part IX, IX-A and Schedules 11, 12.
2002
86th Amendment
Added Art. 21A (Right to Education). Added 11th Fundamental Duty. Modified Art. 45.
2016
101st Amendment
GST (Goods & Services Tax) introduced. Added Art. 246A, 269A, 279A. Created GST Council.
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Simulation Lab

Amendment Type Analyzer

🧪 Amendment Feasibility Checker

Enter an amendment scenario to check if it's allowed and what majority is needed.

Amendment Analysis
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Select a scenario to check if the amendment is possible.

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Exam Booster – Practice Questions

Test your understanding of Amendment

1 Which Article deals with Constitutional Amendment?

A Article 352
B Article 368
C Article 356
D Article 370
✓ Correct Answer: B – Article 368

Article 368 deals with the power of Parliament to amend the Constitution and the procedure thereof.

2 Which Amendment is called the "Mini Constitution"?

A 44th Amendment
B 42nd Amendment
C 73rd Amendment
D 1st Amendment
✓ Correct Answer: B – 42nd Amendment

The 42nd Amendment (1976) is called "Mini Constitution" because it made the most comprehensive changes – adding Socialist, Secular, Integrity to Preamble, Fundamental Duties, and many other provisions.

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Memory Hooks & Quick Revision

Key takeaways for exam day

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Revision Summary

One-Line Takeaway
"Simple → Parliament alone | Special → Higher bar | Special + States → Federal matter | Basic Structure → Unbreakable core"
3 Exam Points to Remember
  • 1 Article 368 = Amendment procedure | Special majority = 2/3 present + 50% total
  • 2 Kesavananda Bharati (1973) = Basic Structure doctrine | Parliament can amend but cannot destroy basic features
  • 3 42nd = Mini Constitution | 44th = Restored rights | 73rd/74th = Local govt | 101st = GST
🔤 Memory Trick – Basic Structure Elements:

"SSJFR" = Supremacy of Constitution, Secularism, Judicial review, Federalism, Rule of law