THE FORTRESS
Article 368 • The Amending Process
"The Constitution is not easily changed. It requires a consensus that transcends ordinary politics."
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.