Amendment by Special Majority of Parliament
Indian Polity › Constitutional Amendment · Topic 9.3
Most constitutional provisions, including Fundamental Rights and Directive Principles, are amended by a special majority of Parliament: a majority of the total membership of each House and two-thirds of members present and voting, without state ratification.
5 min read · UPSC Prelims · Polity · Constitutional Amendment
At a Glance
- What it is The most common amendment route: a special majority in each House
- Majority Majority of total membership plus two-thirds of members present and voting
- Covers Fundamental Rights, Directive Principles and all other provisions not in the other two categories
- State role No ratification required
- Exam link UPSC Prelims, Polity: Constitutional Amendment
Where Does It Fit?
This is the third topic of the category on Constitutional Amendment. The majority of the provisions in the Constitution need to be amended by a special majority of Parliament, without the ratification of states.
What Is the Special Majority?
The majority of the provisions in the Constitution need to be amended by a special majority of Parliament, that is, a majority of the total membership of each House and a majority of two-thirds of the members of each House present and voting. The expression ‘total membership’ means the total number of members comprising the House, irrespective of whether there are vacancies or absentees.
Although the special majority insisted on by Article 368 is prima facie applicable only to the voting at the final stage, the Lok Sabha Rules prescribe adherence to this constitutional requirement at all the effective stages of the bill.
Which Provisions Are Covered?
| Category | Examples |
|---|---|
| Fundamental Rights | Part III, subject to the basic structure |
| Directive Principles of State Policy | Part IV |
| All other provisions | Provisions not covered by the simple majority list or by the federal list that needs state consent |
Examples of amendments passed in this way include the 42nd Amendment Act (1976), the 44th Amendment Act (1978) and the 86th Amendment Act (2002), each of which changed Fundamental Rights, Directive Principles or Duties.
Why a Special Majority?
Two conditions together protect the Constitution. A majority of the total membership ensures that a bill passes only with the support of more than half the full strength of the House, however many members are absent. A two-thirds majority of those present and voting ensures a wide measure of agreement. The procedure for such amendments is the same as the one under Article 368: a bill in either House, separate passage by each House, no joint sitting, and the President’s obligatory assent.
Since Parliament alone decides these amendments, critics say a large part of the Constitution can be changed by Parliament without any role for the states. Defenders reply that the double test makes casual change impossible and that the courts still guard the basic structure against any amendment, however large the majority behind it.
Special Majority Compared with Other Majorities
| Type of majority | Meaning |
|---|---|
| Simple majority | More than half of the members present and voting |
| Absolute majority | More than half of the total membership of the House |
| Effective majority | More than half of the effective strength, that is total membership minus vacancies |
| Special majority (Article 368) | Majority of total membership plus two-thirds of members present and voting |
The comparison shows why the constitutional amendment majority is the most demanding of the four: the first condition prevents a thinly attended House from changing the Constitution, and the second ensures that the change has wide support among those who vote.
Where It Applies
Because most of the Constitution falls in this residual category, the special majority route is the one used for the great majority of amendments passed so far. Amendments that changed the Preamble, added Fundamental Duties, inserted Part IXA on municipalities, or brought the right to education were all passed in this manner. The procedure is the one laid down in Article 368 for every type of amendment except the simple majority category: introduction only in Parliament, separate passage in each House, no joint sitting, and the President’s compulsory assent.
Why Is This Topic Important?
- Definition question The two components of the special majority are asked often
- Residual category Most provisions fall here
- Contrast with the other two Used to classify provisions in Prelims
What Came Next?
The next topic covers amendment by a special majority with ratification by state legislatures.
Key People and Terms
- Special majority Total membership majority plus two-thirds of those present and voting
- Total membership The full strength of the House
- Present and voting Members who are in the House and cast a vote
- Residual provisions All provisions not in the other two categories
- Constituent power Power to amend the Constitution
Exam Corner
Points to Remember
- Two parts: majority of total membership and two-thirds of present and voting.
- Covers Fundamental Rights, Directive Principles and the residual provisions.
- No state ratification is required.
- Lok Sabha Rules apply the requirement at all effective stages.
Do Not Confuse With
- Special majority for Article 368 and Article 61 Both use special majorities but the details differ
- Total membership and effective strength Total membership includes vacancies
- Special majority and ratification Ratification by half the states is an extra step for federal provisions
Memory Hook
More than half of the House, and two-thirds of those present: the double lock on the Constitution.
Mains Angle
Questions on this topic usually ask what the special majority protects. Use these points to add depth.
- Double test Majority of total membership and two-thirds of present and voting
- Wide coverage Includes rights and directives
- Parliament-only route No state role
- Limits The basic structure restricts what can be amended
A Question You May Face
An original practice question, not a past paper question.
“Explain the special majority required for constitutional amendments and the provisions covered by it.”
How to Answer
- Introduction Article 368 and types of amendment.
- Definition Special majority and total membership.
- Coverage Rights, directives and residual provisions.
- Conclusion Balance and basic structure.
GS Relevance
Frequently Asked Questions
What is the special majority for constitutional amendment?
It is a majority of the total membership of each House of Parliament and a majority of two-thirds of the members of each House present and voting. Both conditions must be met for the amendment bill to pass.
What does total membership mean?
Total membership means the total number of members comprising the House, irrespective of whether there are vacancies or absentees. It is the full strength of the House and not the number of members present on a particular day.
Which provisions need a special majority only?
The Fundamental Rights, the Directive Principles of State Policy and all other provisions that are not covered by the simple majority list or by the federal list requiring state consent are amended by a special majority of Parliament.
Do states have to ratify these amendments?
No. Amendments by special majority alone do not require ratification by state legislatures. Ratification by half of the states is needed only for the federal provisions, which are covered in the next topic of this category of amendments.
At what stages does the special majority apply?
Article 368 prima facie applies the special majority to the final voting, but the Lok Sabha Rules prescribe adherence to this requirement at all the effective stages of the bill, so it is followed throughout.
PYQ Practice — Statement Analysis
1 A special majority requires a majority of the total membership of the House.
Plus two-thirds of those present and voting.
2 Fundamental Rights can be amended only with the ratification of half the states.
A special majority of Parliament is enough.
3 Total membership excludes vacant seats.
It includes vacancies and absentees.
4 The Directive Principles are amended by a special majority of Parliament.
No state ratification is required.
Related Topics
Browse the full Indian Polity index