Laxmikanth Ch 10: Amendment of the Constitution (CAPF Digest)

The idea in one line

Article 368 lets Parliament amend the Constitution by addition, variation or repeal, through one of three procedures depending on how federal or fundamental the provision is, while the basic structure remains beyond reach.

The three modes of amendment

1. By simple majority of Parliament: certain provisions can be amended by an ordinary majority of members present and voting, outside the scope of Article 368 (for example, admission of new States, creation or abolition of legislative councils, citizenship, and changes to the Second Schedule on salaries). These are technically not "amendments" under Article 368.
2. By special majority of Parliament: most of the Constitution is amended this way. A special majority means a majority of the total membership of each House plus a majority of two-thirds of the members present and voting in each House.
3. By special majority plus ratification by half the States: federal provisions need, in addition to the special majority, ratification by the legislatures of not less than half the States. These include the election of the President, the extent of the executive power of the Union and the States, the Supreme Court and High Courts, the distribution of legislative powers, the Seventh Schedule, the representation of States in Parliament, and Article 368 itself.

Why amendment is "rigid yet flexible"

The Indian scheme is a midpoint between the very flexible British model (ordinary law) and the very rigid American model (a heavy ratification requirement). Most amendments need only a special parliamentary majority, but the federal core needs the States too.

High-yield amendment Acts (memorise)

• 1st Amendment 1951: added the Ninth Schedule, restrictions on Article 19 freedoms.
• 7th Amendment 1956: gave effect to the States Reorganisation Act.
• 24th Amendment 1971: made the President's assent to an amendment Bill compulsory and affirmed Parliament's power to amend any part.
• 42nd Amendment 1976: the "mini-Constitution"; added "Socialist, Secular, Integrity" to the Preamble, added Fundamental Duties (Part IVA), and several Directive Principles.
• 44th Amendment 1978: removed the Right to Property from Part III (now Article 300A) and restored several safeguards weakened in the Emergency.
• 52nd Amendment 1985: the anti-defection law (Tenth Schedule).
• 61st Amendment 1988: voting age lowered from 21 to 18.
• 73rd and 74th Amendments 1992: panchayats and municipalities (the third tier).
• 86th Amendment 2002: right to education (Article 21A).
• 97th Amendment 2011: cooperative societies.
• 101st Amendment 2016: the Goods and Services Tax.
• 103rd Amendment 2019: 10 per cent reservation for the economically weaker sections.

Verify the latest total count of amendments.

CAPF angle: the most-asked points are which procedure applies to which class of provision (federal provisions need State ratification), that there is no joint sitting for amendment Bills, and matching famous amendments to their effect (42nd, 44th, 52nd, 61st, 73rd, 74th, 86th, 101st, 103rd). The 44th Amendment also tightened the procedure for declaring an emergency, which is the security-relevant point linking this chapter to ch 15 emergency provisions.