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Constitutional Amendments (Article 368 Mechanisms)

Constitutional & Public Law Doctrines

Definition

The constituent procedure governing alterations to the Constitution, categorized into: (1) simple majority (outside Article 368, e.g., forming new states under Article 3), (2) special majority under Article 368 (majority of total membership and 2/3 of members present and voting), and (3) special majority plus ratification by at least half of the State Legislatures for federal provisions.

Example

The 101st Constitutional Amendment introducing the Goods and Services Tax (GST) altered the federal taxing powers of States, requiring a special majority in Parliament and ratification by more than 50% of the State Assemblies under Article 368 proviso.