ConstitutionAmendment of the Constitution
How the Constitution can be changed, the basic structure limit, and the amendments every student should know.
A constitution must be able to change with the times, or it becomes a dead letter. It must not change too easily either, or it gives no security. The Indian Constitution takes a middle path. The power and procedure are in Article 368.
The procedure
- An amendment can be started only by introducing a bill in either house of Parliament. A state legislature cannot start one.
- The bill can be moved by a minister or by a private member, and does not need the President's prior permission.
- Each house must pass it separately. There is no joint sitting on an amendment bill.
- The President must give assent; he or she cannot withhold it or send the bill back.
Three kinds of change
- By a simple majority of Parliament. Some provisions can be changed like an ordinary law, and such changes are not counted as amendments under Article 368. Examples: creating new states or changing their boundaries, rules of citizenship, creating or abolishing legislative councils.
- By a special majority of Parliament. Most provisions, including the Fundamental Rights and the Directive Principles, need a majority of the total membership of each house and at least two-thirds of the members present and voting.
- By a special majority plus ratification by the states. Provisions that affect the federal structure also need the approval of the legislatures of at least half of the states. Examples: the election of the President, the powers of the Supreme Court and High Courts, the division of legislative powers, the representation of states in Parliament, and Article 368 itself.
The limit: basic structure
Can Parliament change anything at all, even take away Fundamental Rights? This question produced a long contest between Parliament and the Supreme Court. It was settled in the Kesavananda Bharati case (1973). The Court held that Parliament can amend any part of the Constitution, but it cannot alter its basic structure. The Court has not given a closed list, but features such as the supremacy of the Constitution, democracy, secularism, federalism, the separation of powers, judicial review, free and fair elections and the rule of law have been held to be part of it.
Important amendments
| Amendment | Year | What it did |
|---|---|---|
| 1st | 1951 | Added the Ninth Schedule to protect land reform laws; allowed special provisions for backward classes; added grounds for restricting free speech |
| 7th | 1956 | Reorganised the states on a linguistic basis; introduced union territories |
| 24th | 1971 | Affirmed the power of Parliament to amend any part of the Constitution, including Fundamental Rights |
| 26th | 1971 | Abolished the privy purses of the former rulers of princely states |
| 42nd | 1976 | Called the "mini Constitution": added socialist, secular and integrity to the Preamble; added the Fundamental Duties; moved education and forests to the Concurrent List |
| 44th | 1978 | Removed the right to property from the Fundamental Rights; added safeguards against misuse of emergency powers |
| 52nd | 1985 | Anti-defection law: added the Tenth Schedule |
| 61st | 1988 | Reduced the voting age from 21 to 18 |
| 69th | 1991 | Gave Delhi the status of National Capital Territory with a legislative assembly |
| 73rd | 1992 | Constitutional status for panchayats; Eleventh Schedule |
| 74th | 1992 | Constitutional status for municipalities; Twelfth Schedule |
| 86th | 2002 | Made education for children of 6 to 14 a Fundamental Right (Article 21A); added the eleventh Fundamental Duty |
| 91st | 2003 | Limited the size of Councils of Ministers to 15 per cent; tightened the anti-defection law |
| 97th | 2011 | Co-operative societies: added Part IXB |
| 101st | 2016 | Goods and Services Tax (GST) and the GST Council |
| 102nd | 2018 | Constitutional status for the National Commission for Backward Classes |
| 103rd | 2019 | Up to 10 per cent reservation for economically weaker sections |
| 104th | 2019 | Extended the reservation of seats for Scheduled Castes and Scheduled Tribes in legislatures up to 2030; ended the nomination of Anglo-Indian members |
| 105th | 2021 | Restored the power of states to identify socially and educationally backward classes |
| 106th | 2023 | One-third of seats for women in the Lok Sabha and state assemblies, to take effect after a delimitation based on the next census |
The year shown is the year of the Amendment Act. Some amendments came into force later.
Key articles on this page
| Article | What it says, in short |
|---|---|
| 368 | Power of Parliament to amend the Constitution and the procedure for it. |
Quick questions
Think of the answer first, then tap to check.
Which article gives the procedure for amending the Constitution?
Article 368.
What is a special majority?
A majority of the total membership of each house and at least two-thirds of the members present and voting.
In which case was the basic structure doctrine laid down?
Kesavananda Bharati v. State of Kerala, 1973.
Which amendment is called the "mini Constitution"?
The 42nd Amendment, 1976.
Which amendment introduced GST?
The 101st Amendment, 2016.
This page explains the Constitution in simple words for students and general readers. It is not the official text and is not legal advice. The official text is published by the Legislative Department, Government of India (legislative.gov.in). Last checked: 11 November 2026.