Constitutional Amendment Procedure under Article 368

Article 368 provides the principal procedure by which Parliament may add a new provision to the Constitution. It treats insertion as an exercise of Parliament's constituent power to amend the Constitution by addition, variation or repeal, subject to prescribed majorities and, for specified federal matters, ratification by states.

Parliamentary passage

An amendment under Article 368(2) must be initiated by introducing a Bill in either House of Parliament. Each House must pass it separately; the Constitution provides no joint sitting to resolve disagreement.

• In each House, the Bill requires a majority of the total membership and at least a two-thirds majority of members present and voting.
• State legislatures cannot initiate such a Constitutional Amendment Bill.

When state ratification is required

If the amendment changes specified federal features, it must also be ratified by the legislatures of at least one-half of the states before being presented to the President.

• Ratification is required for changes concerning the election of the President, Union and state executive powers, the Supreme Court and High Courts, legislative relations, the Seventh Schedule, representation of states in Parliament, or Article 368 itself.
• The Constitution does not require state ratification for every amendment, only for changes to the matters listed in the proviso to Article 368(2).

Presidential assent and substantive limit

After the required parliamentary passage and, where applicable, state ratification, the Bill is presented to the President, who shall give assent. The Constitution then stands amended according to the Bill's terms.

• Parliament's amending power remains subject to the basic structure doctrine, laid down in Kesavananda Bharati v. State of Kerala (1973).
• Accordingly, even a procedurally valid new provision cannot destroy or damage the Constitution's basic structure.