Maarg Manthan · Topic 9.2

Amendment by Simple Majority of Parliament

Indian Polity › Constitutional Amendment · Topic 9.2

Eighteen provisions, such as new states, legislative councils, citizenship, elections and the Fifth and Sixth Schedules, can be amended by a simple majority of Parliament outside Article 368. These are not treated as constitutional amendments under that Article.

5 min read · UPSC Prelims · Polity · Constitutional Amendment

At a Glance

What it is Amendment of certain provisions by a majority of members present and voting, as in ordinary law-making
Outside Article 368; not treated as constitutional amendments for its purposes
Provisions Eighteen heads including new states, councils, citizenship, elections and scheduled areas
Majority A majority of the members of each House present and voting
Exam link UPSC Prelims, Polity: Constitutional Amendment

Where Does It Fit?

This is the second topic of the category on Constitutional Amendment. Several provisions can be changed by Parliament like an ordinary law, without the special majority, because the Constitution itself says so in the relevant Articles.

What Is a Simple Majority Amendment?

A number of provisions in the Constitution can be amended by a simple majority of the two Houses of Parliament outside the scope of Article 368. Simple majority means a majority of the members of each House present and voting, similar to the ordinary legislative process. These amendments are not deemed to be amendments of the Constitution for the purposes of Article 368.

Provisions Amendable by Simple Majority

No.	Provision
1	Admission or establishment of new states
2	Formation of new states and alteration of areas, boundaries or names of existing states
3	Abolition or creation of legislative councils in states
4	Second Schedule: emoluments, allowances, privileges of the President, Governors, Speakers, judges, etc.
5	Quorum in Parliament
6	Salaries and allowances of members of Parliament
7	Rules of procedure in Parliament
8	Privileges of Parliament, its members and committees
9	Use of English language in Parliament
10	Number of puisne judges in the Supreme Court
11	Conferment of more jurisdiction on the Supreme Court
12	Use of official language
13	Citizenship: acquisition and termination
14	Elections to Parliament and state legislatures
15	Delimitation of constituencies
16	Union territories
17	Fifth Schedule: administration of scheduled areas and scheduled tribes
18	Sixth Schedule: administration of tribal areas

Groups to Remember

The eighteen items fall into a few groups: territory and states (1, 2, 3, 16); privileges and pay (4, 5, 6, 7, 8, 9); the Supreme Court (10, 11); language (9, 12); citizenship and elections (13, 14, 15); and the tribal schedules (17, 18). The power of Parliament to make laws on citizenship, for example, flows from Article 11, discussed in the Citizenship category, and a law made under it does not need a special majority. Admission and formation of new states is also done by ordinary law.

How It Works in Practice

A simple majority amendment follows the same path as an ordinary bill. It is introduced in either House, passed by a majority of members present and voting after the quorum is met, and sent to the President for assent. No special vote, no minimum total support and no ratification by states is needed. The relevant Articles themselves state that such a law shall not be deemed an amendment of the Constitution for the purposes of Article 368. For example, the Articles dealing with new states and with legislative councils say so explicitly.

This arrangement keeps the Constitution workable. Matters such as the salaries of members, the rules of procedure, the number of judges or the boundaries of constituencies must change with time, and demanding a special majority for each would make Parliament’s routine work harder. At the same time the core provisions stay protected by the stricter routes explained in the next topics.

Examples to Remember

Parliament admits or establishes new states, forms new states, and alters the areas, boundaries or names of existing states by ordinary law. It creates or abolishes a legislative council in a state after the state legislature passes a resolution by a special majority. The Citizenship Act, laws on elections to Parliament and state legislatures, and laws on delimitation of constituencies are all ordinary laws. The Fifth Schedule on scheduled areas and the Sixth Schedule on tribal areas can also be amended in this way.

Why Is This Topic Important?

List recall The items are asked as lists to identify what can be changed by simple majority
Exam trap These are not amendments under Article 368
Link to citizenship The Citizenship Act can be changed by simple majority

What Came Next?

The next topic covers amendment by a special majority of Parliament.

Key People and Terms

Simple majority Majority of members present and voting
Puisne judges Judges of the Supreme Court other than the Chief Justice
Delimitation Fixing boundaries of constituencies
Fifth Schedule Administration of scheduled areas and scheduled tribes
Sixth Schedule Administration of tribal areas

Exam Corner

Points to Remember

Eighteen heads listed in the Constitution.
Not covered by Article 368.
Includes citizenship, new states, legislative councils and the Fifth and Sixth Schedules.
Majority of members present and voting.

Do Not Confuse With

Simple and special majority Special majority also needs a majority of total membership and two-thirds of those present
Amendment under Article 368 and under other Articles Only the former count as constitutional amendments under Article 368
Fifth and Sixth Schedules Scheduled areas and tribes versus tribal areas

Memory Hook

Eighteen things Parliament can change by ordinary vote: states, councils, citizenship, polls and tribal schedules.

Mains Angle

Questions on this topic usually ask what is outside Article 368. Use these points to add depth.

Flexibility Ordinary law can change many provisions
Territory New states and boundaries need only a simple majority
Parliament’s own affairs Privileges, quorum, salaries and rules
Not amendments They are outside the scope of Article 368

A Question You May Face

An original practice question, not a past paper question.

“Which provisions can Parliament amend by a simple majority, and why are they not amendments under Article 368?”

How to Answer

Introduction Three ways to amend.
List Group the eighteen items.
Reason Flexibility for routine matters.
Conclusion Balance of flexibility and rigidity.

GS Relevance

Prelims: Indian Polity, amendment. GS Paper 2: Parliament and constitutional flexibility.

Frequently Asked Questions

What is amendment by simple majority?

It is amendment of certain provisions by a majority of the members of each House present and voting, as in ordinary legislation. These changes are made under the relevant Articles, outside Article 368, and are not deemed to be constitutional amendments for its purposes.

Which provisions can be amended by simple majority?

They include the admission and formation of new states in the Union, alteration of boundaries and names, creation or abolition of legislative councils, citizenship, elections, delimitation, Union territories, official language, and the Fifth and Sixth Schedules, in all eighteen heads.

Can citizenship be changed by simple majority?

Yes. Citizenship, covering both its acquisition and its termination, is among the provisions Parliament can amend by a simple majority of members present and voting, which is why the Citizenship Act can be changed by an ordinary law of Parliament.

Can the number of Supreme Court judges be changed by simple majority?

Yes. The number of puisne judges in the Supreme Court and the conferment of more jurisdiction on the Supreme Court are among the items that Parliament can change by a simple majority, through an ordinary law and without invoking Article 368.

Is a simple majority amendment an Article 368 amendment?

No. These amendments are made by ordinary law under particular Articles and are not deemed amendments of the Constitution for the purposes of Article 368, so neither a special majority nor ratification by the states is required for them.

PYQ Practice — Statement Analysis

1 The formation of new states can be done by a simple majority of Parliament.

True

It is one of the eighteen heads.

2 Citizenship can be amended only by a special majority with state ratification.

False

A simple majority is enough.

3 The Sixth Schedule can be amended by simple majority.