Constitutional Amendment Procedure
Article 368
Article 368 vests Parliament with the power to amend the Constitution. It lays out three tiers of amendment: (1) by simple majority (not covered under Article 368 — e.g., creation of new states under Article 3); (2) by special majority — majority of total membership of each House AND 2/3rd of members present and voting; (3) by special majority PLUS ratification by at least half the state legislatures (for federal provisions).
- Article 368(2): Bill must be passed by each House by a majority of the total membership of that House AND by a majority of not less than 2/3rds of the members of that House present and voting
- "Total membership" majority = more than 50% of 543 = at least 272 in Lok Sabha
- "2/3rd present and voting" majority: if 528 voted, 2/3rd of 528 = 352 votes required
- Landmark case: Kesavananda Bharati v. State of Kerala (1973) — established that Parliament cannot use Article 368 to alter the "basic structure" of the Constitution
- Difference from "absolute majority": an absolute majority is a majority of the total membership (regardless of those present), while the Article 368 special majority combines both a total membership threshold AND a threshold of those present and voting
● Tracked since April 02, 2026 · last seen August 21, 2026 · updates as the daily brief publishes
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