BPSC · Polity

Constitutional Amendment and Basic Structure

35 min read · Updated 5 Oct 2026

1. BPSC demand

BPSC commonly asks amendment-majority, State-ratification subjects, Article 368 procedure, the case that evolved the basic-structure doctrine, and the difference between a constitutional amendment and a simple-majority law. Learn Article 368 verbatim logic, not merely case names.

2. Article 368: procedure

StepRule
InitiationAmendment Bill may be introduced only in either House of Parliament; not in a State Legislature.
House majorityEach House separately: majority of total membership and at least two-thirds of members present and voting.
Joint sittingNo joint sitting if Houses disagree.
PresidentAfter passage, the Bill is presented to the President, who shall give assent.
State ratificationBefore Presidential assent, at least half of State Legislatures must ratify amendments to specified federal provisions.

3. When is State ratification needed?

SubjectExamples
President electionArticles 54 and 55
Union/State executive and courtsArticles 73, 162, 241; Chapter IV of Part V; Chapter V of Part VI
Legislative relationsChapter I of Part XI; any List in Seventh Schedule
Federal representation and amendment ruleRepresentation of States in Parliament; Article 368 itself; Article 279A is also listed

4. Three amendment routes

“Two-thirds of the total membership” is wrong. It is majority of total membership plus two-thirds of members present and voting.

5. Basic structure: verified case path

6. Basic structure: correct way to learn it

The Constitution does not contain an exhaustive “basic structure” list. It is a judicial doctrine; elements emerge from decisions. Safely remembered examples include supremacy of the Constitution, republican and democratic form of government, secular character, federal character, separation of powers, judicial review, judicial independence, free and fair elections, rule of law, limited amending power, and harmony/balance between Fundamental Rights and DPSPs. Do not claim every textbook list is final.

8. Bihar relevance

Bihar Legislature matters in the ratification step only when an amendment concerns a proviso subject and it ratifies as one State Legislature. An Article 368 Bill is never introduced in the Bihar Legislature. Federal subjects—especially legislative relations and State representation—are therefore high-value BPSC links.

12. Practice: 20 MCQs