Home The Constitution Part XX Article 368

Art. 368 Part XX: Amendment of the Constitution

Power of Parliament to Amend the Constitution and Procedure Therefor

Exact text — Constitution of India

(1) Notwithstanding anything in this Constitution, Parliament may in exercise of its constituent power amend by way of addition, variation or repeal any provision of this Constitution in accordance with the procedure laid down in this article.

(2) An amendment of this Constitution may be initiated only by the introduction of a Bill for the purpose in either House of Parliament, and when the Bill is passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting, it shall be presented to the President who shall give his assent to the Bill and thereupon the Constitution shall stand amended in accordance with the terms of the Bill: Provided that if such amendment seeks to make any change in [specified 'federal' provisions, e.g. the President's election, the Union/State executive and legislative powers, the Supreme Court/High Courts, or this very article]... the amendment shall also require to be ratified by the Legislatures of not less than one-half of the States...

(3) Nothing in article 13 shall apply to any amendment made under this article.

(4)-(5) [Clauses added by the 42nd Amendment, 1976 attempting to place amendments beyond judicial review and declare Parliament's amending power unlimited — both effectively struck down by the Supreme Court in Minerva Mills (1980) as violating the basic structure.]

In Plain English

What this Article actually means

The single most consequential procedural Article in the entire Constitution — it's the ONLY way the Constitution can be formally changed. It sets up a three-tier system depending on what's being amended: a simple parliamentary majority for changes elsewhere in the Constitution not routed through this Article at all; a 'special majority' (two-thirds of members present and voting, AND a majority of the House's total membership) for most amendments; and that same special majority PLUS ratification by at least half the state legislatures for amendments touching India's federal structure (like the composition of the Supreme Court or High Courts, or the Union-State division of powers). Clause (3) exempts amendments from Article 13's usual 'void if inconsistent with Fundamental Rights' rule — but this exemption itself operates only within the limits later set by the basic structure doctrine.

Why This Matters To You

How it shows up in everyday life

Every constitutional amendment you've ever heard about — the 42nd, 44th, 73rd, 74th, 86th, 101st, 103rd, and all the others — went through this exact Article's procedure. Understanding it explains why some amendments (like creating new states) are comparatively easy, while others (touching judicial independence or federal structure) require the much harder state-ratification hurdle.

Landmark Cases

How courts have interpreted this Article

Kesavananda Bharati v. State of KeralaAIR 1973 SC 1461 — The most important ruling on this Article — a 13-judge bench held Parliament's amending power, however wide, cannot be used to destroy the Constitution's 'basic structure'. Verify this case

Minerva Mills Ltd. v. Union of IndiaAIR 1980 SC 1789 — Struck down the 42nd Amendment's clauses (4) and (5) — which tried to give Parliament literally unlimited amending power immune from judicial review — reaffirming that limited amending power is itself part of the basic structure. Verify this case

Golak Nath v. State of PunjabAIR 1967 SC 1643 — An earlier, more absolute position holding Parliament couldn't touch Fundamental Rights at all through amendment — superseded by Kesavananda Bharati's more nuanced 'basic structure' approach. Verify this case

Read alongside this one

Art. 13 — Laws Inconsistent With Fundamental Rights Art. 4 — Consequential Amendments Not Counted as Amendments

Frequently Asked

Quick answers about Article 368

How many times has the Constitution actually been amended?

Over 105 times as of 2026 — ranging from routine, narrow changes to landmark structural ones (73rd/74th Amendments on local government, 101st Amendment on GST, 103rd Amendment on EWS reservation).

Can Article 368 be used to amend Article 368 itself?

Yes, in principle, and it has been — though any such amendment remains subject to the basic structure limitation, since Parliament can't use this Article to grant itself literally unlimited amending power, as Minerva Mills confirmed.

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The text above reproduces Article 368 of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.