Home The Constitution Part XX

Part XX: Amendment of the Constitution

Article 368 · The shortest substantive Part in the Constitution — just one Article — but arguably one of the most consequential, since it defines how the Constitution itself can be changed, and became the battleground for defining the outer limits of that power.

Key Articles

The provisions in this Part cited most often

With landmark Supreme Court cases that shaped how they're actually applied.

Art. 368

Power of Parliament to amend the Constitution, and procedure

Sets out three tracks for amendment depending on what's being changed: a simple parliamentary majority for some provisions found elsewhere in the Constitution, a 'special majority' (two-thirds of members present and voting, and a majority of total membership) in each House for most amendments, and that same special majority PLUS ratification by at least half the state legislatures for changes affecting India's federal structure.

Kesavananda Bharati v. State of KeralaAIR 1973 SC 1461 — The most important constitutional law ruling in Indian history — a 13-judge bench held Parliament's amending power under Article 368, however wide, cannot be used to destroy the Constitution's 'basic structure' (like democracy, secularism, judicial review, and federalism). Verify this case

Golak Nath v. State of PunjabAIR 1967 SC 1643 — An earlier, more absolute ruling that Parliament couldn't amend Fundamental Rights at all — later effectively superseded by Kesavananda Bharati's more nuanced basic structure test, which allows amending rights but not destroying their core. Verify this case

Minerva Mills Ltd. v. Union of IndiaAIR 1980 SC 1789 — Struck down 42nd Amendment provisions that tried to give Parliament literally unlimited amending power and place Directive Principles above ALL Fundamental Rights — reaffirming that limited amending power is itself part of the basic structure. Verify this case

Every Article In This Part

All of Article 368

Grouped by subject so related provisions stay together — every article number in this Part is covered below.

Art. 368

Amendment of the Constitution

Empowers Parliament to amend any provision, via three different procedures (simple majority, special majority, or special majority plus state ratification) depending on what's being amended — subject to the judicially-created 'basic structure' limit that no amendment can destroy the Constitution's core identity.

See This In Practice

Related rights categories

Frequently Asked

Quick answers about this Part

How many times has the Constitution been amended?

Over 105 times as of 2026, ranging from routine adjustments (extending SC/ST reservation deadlines) to landmark structural changes (73rd/74th Amendments on local government, 101st Amendment introducing GST, 103rd Amendment on EWS reservation).

What exactly is the 'basic structure'?

A judge-made (not textually listed) set of core features the Supreme Court has held Parliament cannot amend away — including democracy, secularism, federalism, judicial review, free and fair elections, and the separation of powers. Courts decide case by case whether a specific amendment crosses that line.

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This is a plain-language guide to Part XX of the Constitution of India for general educational purposes, not a substitute for the bare text of the Constitution or professional legal advice. Article numbering and content reflect amendments up to 2026; always cross-check the authoritative text at india.gov.in or legislative.gov.in before relying on it for a legal matter.