Cheat Sheet: Amendment of the Constitution | Indian Polity for UPSC CSE PDF Download

Aspect

Details

Nature

Balances flexibility and rigidity, allowing changes while protecting the basic structure.

Article 368

Outlines Parliament’s powers to amend the Constitution through addition, variation, or repeal.

Basic Structure

Amendments cannot touch the core framework of the Constitution, as per Kesavananda Bharati (1973).

Step

Details

Initiation

Only Parliament can initiate an amendment through a bill in either House (Lok Sabha or Rajya Sabha).

Introduction

Bill can be introduced by a minister or private member without the President’s prior permission.

Approval

Requires a special majority in each House: (i) Majority of total membership, (ii) Two-thirds of members present and voting.

Separate Approval

Each House must pass the bill separately; no joint sitting is allowed for disagreements.

State Ratification (if applicable)

Amendments affecting federal provisions need ratification by half of state legislatures with a simple majority.

Presidential Assent

The President must give assent to the bill; no withholding or returning is allowed.

Becoming an Act

Once assented, the bill becomes a constitutional amendment act, and the Constitution is updated.

Type

Details

By Simple Majority

Applies to specific provisions; requires a simple majority of members present and voting, similar to ordinary laws. Not considered under Article 368.

By Special Majority

Requires a majority of total membership in each House and two-thirds of members present and voting. Covers Fundamental Rights, DPSPs, and other provisions.

By Special Majority and State Ratification

Requires special majority in Parliament plus consent of half of state legislatures (simple majority). Applies to federal structure provisions.

Provision

Examples

State Formation

Admission, creation, or alteration of state boundaries and names.

Legislative Councils

Creation or abolition of legislative councils in states.

Second Schedule

Emoluments, allowances, privileges of the President, governors, judges, etc.

Parliamentary Procedures

Quorum, salaries, privileges, and rules of procedure in Parliament.

Language

Use of English or official languages in Parliament.

Judiciary

Number of Supreme Court judges and their jurisdiction.

Citizenship

Acquisition and termination of citizenship.

Elections

Elections to Parliament, state legislatures, and delimitation of constituencies.

Territories and Schedules

Union territories, Fifth Schedule (scheduled areas/tribes), Sixth Schedule (tribal areas).

Aspect

Details

Special Majority

Majority of total membership in each House and two-thirds of members present and voting.

Application

Covers Fundamental Rights, Directive Principles of State Policy, and provisions not requiring state ratification.

Process

Applied at all significant stages, especially the third reading, to ensure broad support.

Total Membership

Includes all members of the House, regardless of vacancies or absences.

Provision

Examples

Election of President

Rules governing the President’s election process.

Executive Power

Distribution of executive authority between Union and states.

Judiciary

Rules concerning Supreme Court and High Courts.

Legislative Powers

Division of law-making powers between Union and states.

GST Council

Rules related to the Goods and Services Tax Council.

Seventh Schedule

Lists categorizing subjects for legislation (Union, State, Concurrent).

State Representation

Representation of states in Parliament.

Amendment Procedure

Changes to Article 368 itself.

State Consent

Requires simple majority approval from at least half of state legislatures; no time limit for consent.

Criticism

Details

No Special Body

No Constitutional Convention; Parliament holds primary amendment power.

Parliament Initiation

Only Parliament can initiate amendments; states cannot, except for legislative councils.

Broad Parliamentary Power

Most provisions can be amended by Parliament alone, with special or simple majority.

No Time Frame for States

No deadline for state consent; unclear if states can retract approval.

No Joint Sitting

No provision for joint sitting to resolve disagreements between Houses.

Similar to Legislation

Amendment process mirrors regular bill passage, except for special majority.

Sketchy Provisions

Amendment details lack clarity, leading to judicial interpretation.

Balanced Approach

Balances flexibility and rigidity, allowing adaptation without easy changes.

Facile Procedure

Relatively easy process compared to rigid systems like the USA, Canada, or Australia.