Special Majority under Article 368
Why the Bill Failed
Article 368 of the Constitution prescribes the procedure for constitutional amendments. A Bill of this category must be passed in each House of Parliament by a "special majority": a majority of the total membership of that House, and a majority of not less than two-thirds of the members present and voting. This is a materially higher bar than the simple majority required for ordinary legislation.
- Article 368(2) lays down the special majority requirement for most constitutional amendments
- Some amendments affecting federal provisions (listed in the proviso to Article 368(2)) additionally require ratification by the legislatures of not less than half the States
- The 131st Amendment Bill needed 352 votes (two-thirds of members present and voting, subject also to the total-membership threshold) but secured only 298
- A shortfall on either the "two-thirds present and voting" or the "majority of total membership" limb is sufficient to defeat a constitutional amendment Bill, regardless of the numerical difference
● Tracked since April 17, 2026 · last seen August 16, 2026 · updates as the daily brief publishes
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