A Constitution Amendment, a Merger and an Agitation: Parliament's Monsoon Session Opens
The session convenes with a renewed Constitution Amendment Bill on women's reservation and delimitation, altered party arithmetic, and a protest at its gates
What happened
Sessions of Parliament are usually reported through disruption counts and productivity percentages, which tell an aspirant very little. The examinable content here is structural: what majority a constitutional amendment needs, when state ratification becomes mandatory, and how the composition of the House — freshly altered by a merger decision days before the session — determines whether that majority exists. Read this as an applied problem in Article 368.
Three kinds of Bill, three different routes through Parliament
| Feature | Ordinary Bill | Money Bill (Art 110) | Constitution Amendment (Art 368) |
|---|---|---|---|
| Majority needed | Simple | Simple | Total membership + 2/3 present & voting |
| Rajya Sabha power | Equal | Recommendatory only; 14 days | Equal and decisive |
| Joint sitting? | Yes (Art 108) | Not applicable | No |
| State ratification | No | No | Half the states, for entrenched subjects |
Source: Constitution of India, Articles 107-111, 110, 108 and 368
The amendment procedure is the core.
●Article 368 prescribes a special majority for a Constitution Amendment Bill: a majority of the total membership of each House, and a majority of not less than two-thirds of the members of that House present and voting.
●Both conditions must be satisfied in each House separately, and there is no provision for a joint sitting to resolve deadlock on an amendment Bill, unlike ordinary legislation under Article 108.
●Where the amendment affects specified entrenched subjects — including the representation of states in Parliament, the election of the President, or the extent of Union and state executive power — it additionally requires ratification by the legislatures of not less than one-half of the states before being presented for assent.
●On sessions, Article 85 requires that six months not elapse between the last sitting of one session and the first sitting of the next; the President summons each House.
●A Money Bill under Article 110 follows a different route entirely, the Rajya Sabha having only recommendatory power over it.
An amendment Bill needs the special majority in each House separately, and there is no joint sitting to break a deadlock — which makes Rajya Sabha arithmetic decisive in a way it is not for ordinary Bills.
◎ In Simple Words
India's Parliament meets in sessions through the year, and the monsoon one is starting now. The government wants to pass a change to the Constitution itself, which is much harder than passing an ordinary law: it needs a large majority in both Houses, and for some changes, agreement from half the state legislatures too. Just before the session began, some MPs formally switched parties, which changes how many votes each side has. There is also a protest happening outside the building.
Factual Pointers
Practice · 2 questions
With reference to the procedure for amending the Constitution, which one of the following statements is correct?
Consider the following statements:
1. Article 85 requires that six months shall not intervene between the last sitting of one session of Parliament and the first sitting of the next.
2. A Money Bill under Article 110 may be rejected by the Rajya Sabha, in which case a joint sitting is convened.
3. Ratification by half the state legislatures is required where an amendment affects the representation of states in Parliament.
Which of the statements given above are correct?
Mains Practice Questions
The absence of a joint sitting for Constitution Amendment Bills gives the Rajya Sabha a structural veto over constitutional change. Examine the implications of this design for Indian federalism.
Disruption in Parliament is a symptom of procedural imbalance rather than a failure of decorum alone. Critically evaluate this proposition and suggest reforms.
Decisions on party mergers and recognition taken by the presiding officer immediately before a session can alter the arithmetic on which constitutional amendments turn. Discuss the accountability implications.
MCQ Practice
3 questions on this article
With trap analysis, approach guide, and UPSC angle
Frequently Asked
· People also askWhat majority is required to amend the Constitution of India?
Article 368 requires a majority of the total membership of each House plus a majority of not less than two-thirds of the members present and voting in that House. Both conditions apply in each House separately. For entrenched subjects, ratification by the legislatures of not less than half the states is also required.
GS2 · PolityThe two-limb formula means an amendment can fail even with two-thirds of those present, if attendance is low enough that the total-membership majority is not met — which is why attendance management matters on amendment votes.
SOURCE Constitution of India, Article 368
Can a joint sitting be held to pass a Constitution Amendment Bill?
No. Article 108 provides for a joint sitting only in respect of ordinary legislation, and Money Bills follow their own route under Article 110. For a Constitution Amendment Bill there is no mechanism to resolve disagreement between the Houses, so the Bill must clear the special majority in each independently.
GS2 · Legislative procedureThis gives the Rajya Sabha a structural veto over constitutional change. Since its composition shifts only gradually through biennial elections by state legislatures, a government's Lok Sabha strength does not translate automatically into amending power.
SOURCE Constitution of India, Articles 108 and 368
When is state ratification required for a constitutional amendment?
Where the amendment affects entrenched subjects — including the representation of states in Parliament, the election of the President, the extent of Union and state executive power, and the distribution of legislative powers. Ratification by not less than one-half of the state legislatures is then required before assent.
GS2 · FederalismAny amendment touching delimitation engages the representation of states directly, which is why the federal dimension of the women's reservation and delimitation question is not merely political but procedural.
SOURCE Constitution of India, Article 368 proviso
How often must Parliament meet under the Constitution?
Article 85 requires that six months shall not intervene between the last sitting of one session and the first sitting of the next. The Constitution prescribes no minimum number of sittings; the convention of three sessions — Budget, Monsoon and Winter — is practice rather than requirement.
GS2 · ParliamentThe President summons each House. Because only the maximum gap is fixed, the actual number of sitting days has declined over decades without any constitutional violation, which is a standing subject of reform commentary.
SOURCE Constitution of India, Article 85
What is the basic structure doctrine and how does it limit Article 368?
Established in Kesavananda Bharati v. State of Kerala (1973), it holds that Parliament's amending power under Article 368 cannot be used to alter the basic structure or essential features of the Constitution. An amendment passed with the correct majority may still be struck down if it violates that limit.
GS2 · Landmark judgmentsFeatures identified over time include judicial review, federalism, secularism, free and fair elections, and the rule of law. The doctrine makes procedural compliance necessary but not sufficient for a valid amendment.
SOURCE Kesavananda Bharati v. State of Kerala (1973)
Can the Rajya Sabha reject a Money Bill?
No. Under Article 110 the Rajya Sabha may only make recommendations on a Money Bill, which the Lok Sabha may accept or reject. If the Bill is not returned within fourteen days, it is deemed to have been passed by both Houses. The Speaker's certification that a Bill is a Money Bill is final.
GS2 · Legislative procedureThis is why classification as a Money Bill is contested: it removes the Rajya Sabha's blocking power entirely, and the Speaker's certificate on the question has been the subject of significant litigation.
SOURCE Constitution of India, Articles 109 and 110