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Amendment of the Constitution
Power to Amend
Article 368: Empowers Parliament
Parliament's Authority: Can amend most of the constitution
Types of Amendment
Simple Majority: For less critical changes
Special Majority
Article 249: 2/3rd members present and voting
Article 368: 2/3rd members present and voting + 50% total strength
Article 368 + State Rati ?cation: Federal structure changes
Article 61: Impeachment of President
Amendment Procedure
Bill Initiation: In either house of Parliament
No President's Prior Permission: President's assent not required for introduction
Passage in Both Houses: Must be passed separately
Special Majority Requirement: 2/3rd of members present and voting
State Rati ?cation (if needed): For federal feature changes
Presidential Assent: Mandatory for bill to become an Act
Fundamental Rights and Basic Structure
Shankari Prasad Case (1951): Allowed amendment of Fundamental Rights
Golakhnath Case (1967): Fundamental Rights immutable
24th Amendment Act (1971): Parliament can amend Fundamental Rights
Kesavananda Bharati Case (1973): Introduced Basic Structure doctrine
42nd Amendment Act (1976): Expanded Parliament's power, later limited
Minerva Mills Case (1980): Upheld Basic Structure doctrine
Waman Rao Case (1981): Applied Basic Structure to post-1973 amendments
Important Amendments
First Amendment (1951): Land reform and property rights
Fourth Amendment (1955): Management of absentee landlord estates
Seventh Amendment (1956): Extended government's property acquisition powers
... (and more)
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