Constitutional Amendment and Basic Structure Doctrine

Amendment Procedure: Overview and Types (Article 368)

The Basics

In the simplest words, amending the Constitution means legally changing its text, and Article 368 is the article that tells Parliament how to do this. It says Parliament may, in exercise of its constituent power, amend any provision of the Constitution by way of addition, variation or repeal, following the procedure laid down in that article.

Amendment by Simple Majority

Note coming soon.

Amendment by Special Majority

The Basics

Special majority is a stricter voting rule used to amend most of the Constitution. It requires two things: support from a majority of the total membership of each House, and support from two-thirds of members present and voting in that House. Both Houses of Parliament must pass the amendment bill separately in this manner. There is no joint sitting for a constitutional amendment bill.

Amendment by Special Majority with State Ratification

The Basics

Some parts of the Constitution are not just important rules, they are the terms of the deal between the Union and the states. Changing these terms by Parliament alone, even with a two-thirds majority, would let the Centre redraw federalism without asking the states. To prevent this, the Constitution created a third, more demanding route: amendment by special majority of Parliament together with ratification by the states.

Criticism of Amendment Procedure

The Basics

The amendment procedure under Article 368 balances stability with change. Scholars have also criticised it for being too easy in some ways and too weak in others.

Basic Structure Doctrine: Emergence and Evolution

The Basics

The Basic Structure Doctrine is the rule that Parliament can amend any part of the Constitution, including Fundamental Rights, but cannot alter or destroy its 'basic structure' or 'basic features'. The Constitution itself does not define or list what this basic structure is; the idea was invented entirely through judicial interpretation.

Elements of Basic Structure

Note coming soon.

National Commission to Review the Working of the Constitution (NCRWC): Composition and Key Recommendations

The Basics

The National Commission to Review the Working of the Constitution (NCRWC) was set up by a resolution of the Government of India in 2000. Its task was to review, after fifty years, whether the Constitution's provisions suited efficient governance and development. It was also asked to suggest changes where needed.