Part XX — Amendment of the Constitution

Article 368 — Power to Amend the Constitution

Article 368 sets out how the Constitution can be amended: by a two-thirds majority in both Houses of Parliament present and voting, plus a majority of the total membership of each House. Certain provisions also require ratification by at least half of the state legislatures. The Supreme Court's 'basic structure' doctrine limits what Parliament can amend.

This article has been amended since its original text.

Timeline

1 July 2017

Goods and Services Tax introduced

India's most significant tax reform since independence unified 17 central and state taxes into one GST, launched with a midnight Parliament session. The 101st Constitutional Amendment enabled it. Though long-gestating (conceptualised under the UPA), the Modi government executed the rollout.

Constitution (101st Amendment) Act, 2016

24 April 1973

Kesavananda Bharati: Basic Structure doctrine established

In a 7:6 majority, the Supreme Court held in Kesavananda Bharati v. State of Kerala that while Parliament can amend any part of the Constitution, it cannot alter its 'basic structure' — features like judicial review, federalism, and fundamental rights. It remains the most consequential constitutional judgment in Indian history.

Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461

26 November 1949

Constitution of India adopted

The Constituent Assembly adopted the Constitution of India, drafted under the chairmanship of Dr B.R. Ambedkar. It came into force on 26 January 1950. The Constitution established India as a sovereign democratic republic.

Constitution of India, Preamble

Constitutional text

(1) Notwithstanding anything in this Constitution, Parliament may in exercise of its constituent power amend by way of addition, variation or repeal any provision of this Constitution in accordance with the procedure laid down in this article.

(2) An amendment of this Constitution may be initiated only by the introduction of a Bill for the purpose in either House of Parliament, and when the Bill is 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, [and is presented to the President who shall give his assent to the Bill] the Constitution shall stand amended in accordance with the terms of the Bill...

Source: Constitution of India, as published by the Ministry of Law and Justice.

History and context

The Constituent Assembly debated whether the Constitution should be 'rigid' (requiring special procedure) or 'flexible'. Ambedkar advocated a middle path — special procedure for fundamental provisions, ordinary procedure for others. The pivotal controversy came in Golak Nath v. State of Punjab (1967), where the Supreme Court held that Parliament could not amend fundamental rights. Parliament responded with the 24th Amendment (1971) asserting the power to amend any provision. In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court (by a 7-6 majority) held that Parliament could amend but not destroy the 'basic structure' of the Constitution — a doctrine without textual basis that has since constrained constitutional amendments.

Amendments

24th Amendment (1971) — Asserted Parliament's power to amend any provision including fundamental rights, overturning Golak Nath.
42nd Amendment (1976) — Added clauses purporting to immunise amendments from judicial review; struck down in Minerva Mills.

Key Supreme Court cases

Golak Nath v. State of Punjab (1967)

Held (6-5) that Parliament cannot abridge fundamental rights; overruled by Kesavananda Bharati.

Kesavananda Bharati v. State of Kerala (1973)

Established the 'basic structure' doctrine — Parliament can amend any provision of the Constitution but cannot damage its basic structure; among the most important constitutional decisions globally.

Minerva Mills v. Union of India (1980)

Struck down clauses in the 42nd Amendment that excluded judicial review of constitutional amendments; reaffirmed basic structure.

Last reviewed: 1 June 2026

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