What Happened
- The Constitution (131st Amendment) Bill, 2026 was defeated in Lok Sabha on April 17, 2026, with 298 votes in favour and 230 against, out of 528 total votes cast.
- The constitutional requirement under Article 368 demanded that the bill secure at least 2/3rd of members present and voting — which meant 352 of 528 votes — the bill fell short by 54 votes.
- Opposition parties led by Congress, DMK, TMC, SP, and others celebrated the defeat as a victory of the Constitution itself — leaders declared "Jai Samvidhan" (Hail the Constitution).
- Rahul Gandhi and Mallikarjun Kharge called the result a defeat for what they termed a "covert delimitation agenda" dressed up as women's empowerment legislation.
- The defeat triggered the withdrawal of two companion bills — the Delimitation Bill, 2026 and the Union Territories Laws (Amendment) Bill, 2026.
Static Topic Bridges
Article 368 — Power of Parliament to Amend the Constitution
Article 368 is the source of Parliament's constituent power — the power to amend the Constitution. It is significantly more demanding than ordinary legislative power, designed to prevent a bare majority from unilaterally altering fundamental constitutional arrangements.
- Article 368(1): Notwithstanding anything in the Constitution, Parliament may in exercise of its constituent power amend by way of addition, variation or repeal any provision of this Constitution in accordance with the procedure laid down in this article
- Article 368(2): The bill must be passed in each House by — (a) a majority of the total membership of that House, AND (b) a majority of not less than two-thirds of the members of that House present and voting
- "Total membership" means 543 in Lok Sabha; simple majority = at least 272 votes in favour (regardless of how many vote)
- "2/3rd of present and voting" — if 528 voted, the threshold is 352
- BOTH conditions must be satisfied simultaneously
- For certain provisions (federal structure, judiciary, election of President, etc. — listed in the proviso to Article 368(2)): additionally requires ratification by at least half the state legislatures
- The bill must then be presented to the President, who "shall give his assent" (the President cannot withhold assent or send a constitutional amendment back — unlike ordinary bills)
- Landmark case: Kesavananda Bharati v. State of Kerala (1973) — 13-judge bench (7:6) established the Basic Structure doctrine, holding that Parliament cannot amend the Constitution so as to destroy its basic structure
Connection to this news: The 131st Amendment Bill crossed the simple majority threshold (298 > 272) but failed the 2/3rd of present-and-voting threshold (298 < 352). This is precisely the design intent of Article 368 — constitutional changes require broader consensus than ordinary legislation.
Types of Majority in Parliamentary Proceedings
Understanding the different types of majority is a core UPSC Prelims and Mains topic. There are four main categories, each applicable to different constitutional or legislative situations.
- Simple Majority: More than 50% of members present and voting (quorum: 55 in Lok Sabha). Used for: ordinary bills, Money Bills, approval of ordinances, etc. Does not count absent members.
- Absolute Majority: More than 50% of the total membership of the House (i.e., more than 272 in Lok Sabha). Used for: no-confidence motion against the Council of Ministers (Article 75 read with rules), removal of Vice President under Article 67
- Effective Majority: More than 50% of the effective strength (total membership minus vacancies). Used for: removal of the Speaker (Article 94) — requires majority of all then members of the House
- Special Majority under Article 368: (a) majority of total membership (absolute majority component) AND (b) 2/3rd of members present and voting (two conditions combined). Used for: all constitutional amendments except those requiring state ratification additionally
- Special Majority + State Ratification: Same as above PLUS ratification by at least half the state legislatures by simple majority. Used for: federal provisions — Articles 54, 55 (election of President), 73, 162 (executive power), provisions of Chapter IV of Part V, Chapter V of Part VI, Chapter I of Part XI, the Lists in the 7th Schedule, representation of states in Parliament (Article 80, 81), Article 368 itself
Connection to this news: The 131st Amendment Bill required the standard Article 368 special majority — both total membership majority (272) AND 2/3rd of present-and-voting (352). The government secured the first condition (298 > 272) but not the second (298 < 352). The defeat illustrates that constitutional amendments require significantly more than a government's working majority.
Key Facts & Data
- Final vote: 298 in favour, 230 against, total 528 MPs voted
- Threshold required (a): Total membership majority = at least 272 (met — 298 > 272)
- Threshold required (b): 2/3rd of 528 present and voting = 352 (not met — 298 < 352)
- Shortfall: 54 votes
- Lok Sabha total strength: 543
- The bill also required Rajya Sabha passage at the same special majority — which was never reached
- Article 368 amendment bills cannot be subject to joint sitting (Article 108 joint sitting applies only to deadlocks on ordinary bills, Money Bills, and Financial Bills — NOT constitutional amendments)
- President has no veto on constitutional amendment bills — must give assent once passed
- Companion bills withdrawn after defeat: Delimitation Bill 2026 and UT Laws Amendment Bill 2026
- Previous constitutional amendment defeated: Rare event — 24th Amendment (1971) was challenged but passed; 99th Amendment (NJAC Bill) was struck down by Supreme Court, not defeated in Parliament