Polity & Governance
Amendment and the Basic Structure
GS Paper II
Amendment and the Basic Structure — Quick Revision
One-page UPSC revision of Article 368 and the basic structure: types of majority, ratification list, procedure, the case ladder and landmark amendments.
SyllabusGS II · Indian Constitution — historical underpinnings, evolution, features, amendments, significant provisions and basic structure
A last-week revision sheet for amendment procedure and the basic structure doctrine.
Three Kinds of Majority
| Type | Rule | Used for |
|---|---|---|
| Simple | Majority of members present and voting | Arts 2, 3, 4, 169; quorum; MPs’ salaries; citizenship; delimitation; Fifth and Sixth Schedules (not “amendments” under Art 368) |
| Special | Majority of total membership and two-thirds of those present and voting, in each House | Fundamental Rights, DPSP, most provisions |
| Special + ratification | Special majority + resolutions of at least half the State legislatures (simple majority) | Federal provisions |
Federal Provisions Needing Ratification
| Provision | Articles |
|---|---|
| Election of the President | 54, 55 |
| Executive power of Union and States | 73, 162 |
| High Courts for Union Territories | 241 |
| GST Council | 279A |
| Supreme Court and High Courts | Part V Ch IV; Part VI Ch V |
| Legislative relations; Seventh Schedule lists | Part XI Ch I; Seventh Schedule |
| Representation of States in Parliament | Fourth Schedule |
| Amendment power | 368 |
Procedure Checklist
- Bill in either House of Parliament — not in a State legislature.
- Minister or private member; no prior Presidential recommendation.
- Each House separately; no joint sitting.
- President must assent (24th Amendment, 1971).
Case Ladder
| Case | Year | Holding |
|---|---|---|
| Shankari Prasad | 1951 | FRs amendable; amendment not “law” under Art 13 |
| Sajjan Singh | 1965 | Same |
| Golaknath | 1967 | FRs not amendable (11 judges, 6:5) |
| Kesavananda Bharati | 1973 | Basic structure (13 judges, 7:6) |
| Indira Gandhi v. Raj Narain | 1975 | Free and fair elections basic; Art 329A(4) struck |
| Minerva Mills | 1980 | Limited amending power basic; 368(4)–(5) struck |
| Waman Rao | 1981 | Cut-off date 24 April 1973 |
| S.R. Bommai | 1994 | Secularism, federalism basic |
| L. Chandra Kumar | 1997 | Judicial review under 32, 226, 227 basic |
| I.R. Coelho | 2007 | Ninth Schedule laws after 24.4.1973 reviewable |
| NJAC case | 2015 | 99th Amendment struck; judicial independence basic |
| Janhit Abhiyan | 2022 | 103rd (EWS) Amendment upheld, 3:2 |
Landmark Amendments
| No. | Year | Change |
|---|---|---|
| 1st | 1951 | Ninth Schedule; 15(4); Art 19 restrictions |
| 24th | 1971 | Power to amend FRs; assent compulsory |
| 42nd | 1976 | Preamble words; Part IVA; 368(4)–(5) |
| 44th | 1978 | Property to Art 300A; “armed rebellion” in Art 352 |
| 52nd | 1985 | Anti-defection (Tenth Schedule) |
| 61st | 1988 | Voting age 18 |
| 73rd / 74th | 1992 | Panchayats / Municipalities |
| 101st | 2016 | GST |
| 103rd | 2019 | EWS reservation |
| 106th | 2023 | Women’s reservation in legislatures |
High-yield facts
- Amendment procedure borrowed from South Africa.
- Ratification: half the States, simple majority, no time limit.
- Kihoto Hollohan (1992) struck down para 7 of the Tenth Schedule because it lacked State ratification.
- The basic structure has no exhaustive list — it grows case by case.
Traps
Common confusions
- Creating a new State or a Legislative Council needs only a simple majority — and is not an Article 368 amendment.
- Fundamental Rights need a special majority, not State ratification.
- Amendment Bill numbers differ from amendment Act numbers.
Related Topics
- Amendment Procedure and the Basic Structure
- Amendment and the Basic Structure — practice questions
- Constitutional Framework — quick revision
- Fundamental Rights — quick revision
- All quick revision sheets
Advertisement