Polity
Article 368 Amendment & Basic Structure
Article 368 gives Parliament the power to amend the Constitution. Amendments need a simple majority, a special majority, or a special majority plus ratification by half of the states, depending on the provision. In Kesavananda Bharati v. State of Kerala (1973) the Supreme Court held that Parliament can amend the Constitution but cannot alter its basic structure.
Last reviewed 2026-10-15
Three ways to amend
- Simple majority: for matters such as the creation of new states and citizenship provisions. These are not treated as amendments under Article 368.
- Special majority: a majority of the total membership of each House and two-thirds of members present and voting. This applies to most provisions, including Fundamental Rights and DPSP.
- Special majority plus ratification by at least half of the state legislatures: for federal provisions such as the election of the President, the Supreme Court and High Courts, and the distribution of powers between the Centre and states.
Landmark cases
- Golaknath (1967): Parliament cannot amend Fundamental Rights. This was later overturned.
- Kesavananda Bharati (1973): a 13-judge bench held that Parliament can amend any part of the Constitution but cannot destroy its basic structure.
- Minerva Mills (1980): struck down parts of the 42nd Amendment and held that limited amending power is itself part of the basic structure.
Examples of basic structure
The Court has treated features such as supremacy of the Constitution, the republican and democratic form of government, secularism, federalism, separation of powers, judicial review and free and fair elections as part of the basic structure. The list is not closed and is developed case by case.
Frequently asked questions
Which article deals with amendment of the Constitution?
Article 368.
Which case gave the Basic Structure Doctrine?
Kesavananda Bharati v. State of Kerala (1973).
Can Parliament amend Fundamental Rights?
Yes, by a special majority, but not in a way that destroys the basic structure of the Constitution.