Article 108 lays down the procedure for amending the Charter of the United Nations. It creates a deliberately stringent process because amendments can alter the basic institutional and constitutional structure of the UN.
Procedure for Amendment
An amendment enters into force only when both conditions are satisfied:
- It is adopted by a two-thirds majority of the members of the UN General Assembly.
- It is subsequently ratified, in accordance with their respective constitutional processes, by two-thirds of all UN members, including all five permanent members of the Security Council (P5).
The P5 are:
- China
- France
- Russia
- United Kingdom
- United States
Thus, every permanent member effectively possesses a blocking power over amendments to the UN Charter, because an amendment cannot enter into force without ratification by all five.
Nature of the Amendment Process
Article 108 involves two distinct stages:
Adoption by UN General Assembly → Ratification by 2/3 of UN members, including all P5 → Amendment enters into force for all UN members
Unlike ordinary UN General Assembly resolutions, Charter amendments therefore require subsequent ratification by member states.
Once these requirements are fulfilled, the amendment becomes binding on all UN members, including states that may not themselves have ratified it.
Article 108 and UN Security Council Reform
Article 108 is particularly important in discussions concerning reform of the UN Security Council.
Changes involving matters such as:
- expansion of permanent or non-permanent membership;
- alteration of the composition of the Security Council;
- changes to Charter-based powers or voting arrangements;
would require amendment of the UN Charter through the Article 108 procedure.
Therefore, even if a proposed Security Council reform receives broad support in the General Assembly, it cannot become effective unless it also receives the required ratifications, including those of all P5 members.
This makes the consent of the existing permanent members a central institutional constraint on structural reform of the Security Council.
Article 108 and Article 109
The Charter provides two related mechanisms:
| Article 108 | Article 109 |
| Deals with specific amendments to the UN Charter | Deals with calling a General Conference to review the Charter |
| Amendment adopted by 2/3 of General Assembly | Review conference can consider broader Charter revision |
| Requires ratification by 2/3 of UN members, including all P5 | Changes recommended by the conference also ultimately require 2/3 ratification including all P5 |
Thus, Article 109 does not provide a way to bypass the consent of the P5.
Historical Use
The UN Charter has been formally amended only a few times. Important amendments include:
- Article 23: Security Council membership increased from 11 to 15.
- Article 27: Required Security Council voting majorities were adjusted following its expansion.
- Article 61: Membership of the Economic and Social Council (ECOSOC) was expanded, first from 18 to 27 and subsequently to 54 members.
These amendments demonstrate that institutional reform of the UN is legally possible, but requires exceptionally broad international consensus.
Significance for India
Article 108 is central to India’s demand for reform of the UN Security Council, including expansion of permanent and non-permanent membership.
India’s campaign for permanent membership therefore has two dimensions:
Political agreement on UNSC reform + Formal amendment of the UN Charter under Article 108
