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CDS / OTA Current Affairs · Polity & Governance · 25 Jul 2026

Amending the Constitution (Article 368): A CDS/OTA Polity Explainer

On 25 July 2026, the government informed Parliament that eight Constitution Amendments were enacted in the last twelve years — from the 99th to the 106th. The power and procedure to amend the Constitution — under Article 368 — is one of the most fundamental and reliably examined topics in Indian polity. For a CDS/OTA aspirant, mastering the amendment procedure, the types of majority, and the basic-structure doctrine is essential.

The news in one frame

The essentials:

  • What: eight Constitution Amendments (the 99th–106th) enacted over ~12 years.
  • Procedure: amendments are made under Article 368.
  • Examples: GST (101st), EWS reservation (103rd), women's reservation (106th).
  • Limit: Parliament cannot alter the Constitution's "basic structure."

The power to amend — Article 368

Start with the core provision. Article 368 gives Parliament the power to amend the Constitution — to add, change or repeal any provision — by following a set procedure. India's Constitution is neither too rigid (like the US) nor too flexible; it is a blend — some parts can be changed easily, others need a special process. This makes the Constitution a "living document" that adapts to changing needs. This framework is exactly what the CDS/OTA polity notes build.

The three routes of amendment

The examinable heart is the three methods of amendment:

  • By a simple majority — some provisions can be changed by an ordinary majority (of members present and voting), like a normal law — e.g., admission of new states, citizenship, creation of legislative councils. (These are technically not counted under Article 368.)
  • By a special majority (Article 368) — most amendments need a special majority: a majority of the total membership of each House, AND a two-thirds majority of the members present and voting — e.g., Fundamental Rights, Directive Principles.
  • By special majority + state ratification — provisions affecting the federal structure need a special majority plus ratification by at least half (50%) of the state legislatures — e.g., election of the President, distribution of powers between Centre and States, the Supreme Court/High Courts, representation of states, and Article 368 itself.

Knowing which route applies to what — especially that federal provisions need state ratification — is a classic discriminator. These themes recur in the CDS/OTA daily current affairs.

The basic structure doctrine

The most important limit on amendment — a favourite exam point:

  • In the landmark Kesavananda Bharati case (1973), a 13-judge bench of the Supreme Court held that Parliament can amend any part of the Constitution but cannot destroy or alter its "basic structure."
  • The "basic structure" includes features like the supremacy of the Constitution, the sovereign-democratic-republic nature, secularism, separation of powers, judicial review, the rule of law, federalism, and free and fair elections (the list is not fixed — courts decide case by case).
  • So Parliament's amending power is not unlimited — the judiciary guards the Constitution's core.

The revision hook: Article 368 = amendment power; three routes — simple majority (some provisions, outside 368), special majority (most), special majority + ratification by ≥half the states (federal provisions); special majority = majority of total membership + 2/3 present & voting; Kesavananda Bharati (1973) established the basic-structure doctrine (Parliament can't alter the basic structure).

Key recent amendments to know

Round out with the recent amendments the news references:

  • 99th (2014) — created the National Judicial Appointments Commission (NJAC) to replace the collegium; struck down by the Supreme Court (2015).
  • 100th (2015)India–Bangladesh Land Boundary Agreement (exchange of enclaves).
  • 101st (2016) — introduced the Goods and Services Tax (GST).
  • 102nd (2018) — gave constitutional status to the National Commission for Backward Classes (NCBC).
  • 103rd (2019)10% reservation for Economically Weaker Sections (EWS).
  • 104th (2020) — extended SC/ST reservation in legislatures; ended Anglo-Indian nomination.
  • 105th (2021) — restored states' power to identify OBCs.
  • 106th (2023) — the Nari Shakti Vandan Adhiniyam33% reservation for women in the Lok Sabha and State Assemblies.

Why it matters

For the essay/interview and bigger picture:

  • Adaptability: the amendment power lets the Constitution evolve with society's needs.
  • Checks and balances: the basic-structure doctrine keeps amendments from destroying the Constitution's core.
  • Federal balance: requiring state consent for federal matters protects cooperative federalism.

Exam relevance in one paragraph

For CDS/OTA GK, retain: Article 368 empowers Parliament to amend the Constitution by three routes — a simple majority (for a few provisions, technically outside 368), a special majority (a majority of the total membership of each House plus two-thirds of members present and voting, for most amendments), and a special majority plus ratification by at least half the state legislatures (for provisions affecting the federal structure, e.g., election of the President, Centre-State distribution of powers, the higher judiciary); in Kesavananda Bharati (1973) the Supreme Court laid down the basic-structure doctrine, holding that Parliament cannot alter the Constitution's basic structure; recent amendments (99th–106th) include GST (101st), EWS reservation (103rd) and women's reservation (106th). For the essay, frame it as a flexible-yet-protected living Constitution.

🎯 Practice MCQs

Q1. The Constitution is amended under which Article? (a) Article 368 (b) Article 32 (c) Article 356 (d) Article 21 → (a) — Article 368.

Q2. A "special majority" for amendment means a majority of the total membership plus: (a) two-thirds of members present and voting (b) all members (c) a simple majority only (d) the President's vote → (a) — two-thirds of those present and voting.

Q3. Amendments to federal provisions also need: (a) ratification by at least half the states (b) a referendum (c) the President's discretion (d) nothing extra → (a) — state ratification (≥50% of legislatures).

Q4. The basic-structure doctrine was laid down in: (a) Kesavananda Bharati (1973) (b) Golaknath (1967) (c) Maneka Gandhi (1978) (d) Minerva Mills (1980) → (a) — the Kesavananda Bharati case.

Q5. Which introduced the Goods and Services Tax (GST)? (a) 101st Amendment (b) 99th Amendment (c) 42nd Amendment (d) 73rd Amendment → (a) — the 101st Amendment (2016).

Q6. The 103rd Amendment (2019) provided reservation for: (a) Economically Weaker Sections (EWS) (b) women (c) SC/ST only (d) minorities → (a) — 10% EWS reservation.

Q7. The 106th Amendment (2023) relates to: (a) women's reservation (Nari Shakti Vandan) (b) GST (c) NJAC (d) the land boundary → (a) — 33% women's reservation.

Q8. Parliament, under the basic-structure doctrine, cannot amend: (a) the basic structure of the Constitution (b) any Article (c) tax laws (d) state boundaries → (a) — the basic structure.

Q9. Which is considered part of the "basic structure"? (a) judicial review (b) reservation percentages (c) the number of ministers (d) state capitals → (a) — judicial review (among others).

Q10. The NJAC (99th Amendment) was: (a) struck down by the Supreme Court (b) upheld fully (c) never passed (d) made permanent → (a) — struck down (2015).

Q11. Admission of new states can be done by: (a) a simple majority (b) a special majority + state ratification (c) a referendum (d) the President alone → (a) — a simple majority (outside Article 368).

Q12. The Indian Constitution's amendment process is best described as: (a) a blend of rigid and flexible (b) fully rigid (c) fully flexible (d) unamendable → (a) — partly rigid, partly flexible.

Q13. The 100th Amendment (2015) related to: (a) the India–Bangladesh land boundary (b) GST (c) EWS (d) women → (a) — the Land Boundary Agreement.

Q14. Who has the power to amend the Constitution? (a) Parliament (b) the President alone (c) the Supreme Court (d) State Assemblies alone → (a) — Parliament (under Article 368).

Q15. The Kesavananda Bharati case was decided by a bench of: (a) 13 judges (b) 5 judges (c) 3 judges (d) 1 judge → (a) — 13 judges (the largest ever).

Q16. The 42nd Amendment (1976), which made many changes, is often called the: (a) "Mini-Constitution" (b) "First Amendment" (c) "GST Amendment" (d) "Land Amendment" → (a) — the "Mini-Constitution."

Q17. A Constitution Amendment Bill, after passing Parliament, goes to the: (a) President for assent (b) Supreme Court for approval (c) UN (d) Prime Minister only → (a) — the President (assent under Article 368).

Q18. Which case first held (1967) that Fundamental Rights could not be amended (later modified)? (a) Golaknath (b) Kesavananda Bharati (c) Minerva Mills (d) Maneka Gandhi → (a) — the Golaknath case.

📋 How this gets asked (PYQ pattern)

The amendment procedure is a high-frequency CDS/OTA polity set. The reliable framings are the three routes (simple / special / special + state ratification), the special-majority definition, the basic-structure doctrine (Kesavananda Bharati), and recent amendments (GST/EWS/women). A common trap says Parliament can amend the basic structure or misdefines the special majority. The fresh 2026 hook is the "8 amendments in 12 years" statement — ideal for "which Article / which majority / which amendment" items. We reference the pattern, not any exact past question.

Preparing for CDS or OTA? The Constitution's amendment power and landmark cases are high-yield polity topics and strong essay material on constitutionalism. Follow our daily CDS/OTA current affairs and train with serving-officer faculty in the upcoming Cavalier courses in Delhi.


✍️ Written by Hitendra Deswal — Polity & governance faculty at The Cavalier. Reviewed by the Cavalier Faculty Desk. The Cavalier, founded by ex-Army officers, has trained NDA/CDS/SSB aspirants since 2001 (Facebook · YouTube).

Source: PIB / Ministry of Law & Justice, 25 July 2026. Facts cross-verified with independent sources.