Amendment by simple majority

Polity & Governance glossary

Topic: Amendment of the Constitution and the Basic Structure · NCERT: Class 11, Ch 9 "Constitution as a Living Document"

Meaning

Some provisions of the Constitution can be changed by an ordinary law of Parliament passed by simple majority (more than half of those present and voting). These changes are made outside Art. 368. They are not counted as amendments of the Constitution. This is the most flexible of the three ways to change the Constitution.

Example

Matters that can be changed this way include:

  • Arts. 2-4: admitting or forming new states, and changing boundaries;
  • Art. 11: citizenship;
  • Art. 169: creating or abolishing legislative councils;
  • Art. 239A;
  • the Fifth and Sixth Schedules;
  • MPs' salaries and privileges, and quorum;
  • the number of Supreme Court judges.

For instance, J&K statehood can be restored by an ordinary law under Arts. 3-4.

Don't confuse with

  • Amendment by special majority: it uses Art. 368 and needs a majority of total membership plus two-thirds of those present and voting. Some such amendments also need state ratification.

Related concepts

Read more