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THE FORTRESS

Article 368 • The Amending Process

"The Constitution is not easily changed. It requires a consensus that transcends ordinary politics."

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Gate 1

Introduction

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Gate 2

Passage in Each House

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Gate 3

State Ratification

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Gate 4

President's Assent

Rigid yet Flexible • The Basic Structure Doctrine applies

Constitutional Amendment Process Step-by-Step Details (Article 368)

Gate 1: Introduction

Can be introduced in either House. No prior permission of President needed.

Unlike Money Bills, an Amendment Bill does not require the President's prior recommendation.

Outcome: Bill is formally introduced.

Process:

  • Motion for leave to introduce.
  • Publication in Gazette.

Gate 2: Passage in Each House

Must be passed by Special Majority in EACH House separately.

There is NO provision for a Joint Sitting. Each House must pass the bill independently with a strict majority.

Outcome: Passed by both Houses separately.

Process:

  • Both conditions must be met simultaneously.
  • If one House rejects it, the Bill ENDS.
  • Deadlock = Death of the Bill.

Gate 3: State Ratification

Required ONLY if the bill changes 'Federal Provisions'.

If the amendment affects the federal structure (e.g., GST, Election of President, Supreme Court), states must approve it.

Outcome: Federal consensus obtained.

Examples:

  • Election of President
  • Supreme Court & High Courts
  • 7th Schedule (Lists)
  • Article 368 itself

Process:

  • No time limit for states to ratify.
  • Once 50% states ratify, it proceeds to President.

Gate 4: President's Assent

The President MUST give assent. No veto powers.

The President has no discretion in Constitutional Amendment Bills.

Outcome: The Constitution stands amended.

Restrictions:

  • CANNOT withhold assent.
  • CANNOT return for reconsideration.