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Constitutional Amendments

Article 368 and the Types of Majority

Article 368 of the Indian Constitution governs the amendment procedure. Not all constitutional provisions require the same threshold, and the type of majority needed varies with the nature of the amendment.

Key details

There are three broad categories of constitutional amendments:

Simple Majority (outside Article 368): Certain provisions can be amended by a simple majority of members present and voting in each House — the same threshold as ordinary legislation. Examples include creation of new states (Article 3), abolition of legislative councils in states, and changes to citizenship law.
Special Majority under Article 368 (without state ratification): The most common category for substantive amendments. Requires:
A majority of the total membership of each House (i.e., more than 50% of the total strength, not just those present), AND
A majority of two-thirds of members present and voting in each House. Both conditions must be simultaneously satisfied. This applies to amendments that do not affect the federal structure.
Special Majority plus State Ratification: For amendments affecting federal features — such as the election of the President, distribution of legislative powers, representation of states in Parliament, and the amendment procedure itself — Parliament must pass the bill with a special majority AND at least half of all state legislatures must ratify it.