Article 368 and Its Three Routes

In one line

The Indian Constitution can be amended by a simple majority for some matters, by a special majority for most, and by a special majority plus ratification by half the States for the matters listed in the proviso.

In the wording a student can write in an exam: article 368 provides that Parliament may in exercise of its constituent power amend by way of addition, variation or repeal any provision of the Constitution in accordance with the procedure laid down in that article, which requires a Bill passed in each House by a majority of the total membership and by a majority of not less than two thirds of the members present and voting, and, for the matters in the proviso, ratification by the legislatures of not less than one half of the States before presentation to the President, who shall give his assent.

Route one: simple majority, outside article 368

Certain changes are made by ordinary law and are expressly declared not to be amendments for the purposes of article 368.

Articles 2, 3 and 4. Admission or establishment of new States; formation of new States and alteration of areas, boundaries or names. Article 4(2) provides that no such law shall be deemed to be an amendment of the Constitution for the purposes of article 368.

Article 169. Abolition or creation of Legislative Councils in States, on a resolution of the Assembly passed by a majority of the total membership and two thirds of those present and voting. Article 169(3) provides that such a law shall not be deemed to be an amendment for the purposes of article 368.

Article 239A. Creation of local legislatures or councils of ministers for certain Union territories, with the same declaration.

Others. Citizenship under article 11; salaries and allowances; the Second Schedule; quorum; use of English in Parliament; and further provisions on the Supreme Court and High Courts under articles 133(3), 135 and others.

Route two: special majority

The general rule in article 368(2). A Bill for amendment may be introduced in either House, and must be passed in each House by a majority of the total membership of that House and by a majority of not less than two thirds of the members of that House present and voting.

Two majorities, and both must be satisfied. A House of 543 requires at least 272 votes in favour whatever the attendance, and two thirds of those actually voting.

There is no joint sitting: article 368 requires passage in each House, and article 108 does not apply to a Bill for constitutional amendment.

Route three: special majority plus State ratification

The proviso to article 368(2). Where the amendment seeks to make any change in the enumerated matters, it must also be ratified by the legislatures of not less than one half of the States, by resolutions to that effect passed by those legislatures, before the Bill is presented to the President for assent.