Amendment of the Constitution

The Constitution of India, as the supreme law, should adapt to changing needs and situations. Article 368 allows for amendments to accommodate this requirement. Amendments involve making changes, such as adding, modifying, or repealing provisions, following a specific procedure. The purpose of these amendments is to maintain the Constitution as a living document, adapting to changing circumstances while upholding its fundamental principles and values. 

Indian Constitution Amendment Procedure

• Only either House of Parliament can introduce bills for Constitutional Amendment, not State Legislatures.
• A minister or private member can introduce bills without the President’s prior permission.
• Each House must pass bills by a Special Majority, which includes a majority of over 50% of the total membership and two-thirds of the members present and voting.
• If the bill seeks to amend federal provisions, half of the states’ legislatures must ratify it by a Simple Majority.
• After both Houses and State Legislatures pass the bill, the President must give assent to it.
• The President must give his/her assent to the bill, and the Constitution stands amended as per the changes made by the Act.

 Types of Amendments in Indian Constitution

• Article 368 of Indian Constitution provides for two types of amendments:
  • By a Special Majority of Parliament (50% of the total membership of the House + 2/3rd of the members present and voting),
  • By a Special Majority of Parliament plus ratification of 1/2 of the states by a Simple Majority,
• Parliament can make another type of amendment by a Simple Majority.
• However, these amendments are not considered amendments for the purpose of Article 368.
• Therefore, the Constitution can be amended in three ways:
  • Amendment by a simple majority of Parliament,
  • Amendment by a special majority of Parliament, and
  • Amendment by a special majority of Parliament and the ratification of half of the State Legislatures.

By Simple Majority of Parliament

• he government can amend several provisions in the Indian Constitution by a Simple Majority, i.e., 50 percent of members present and voting.
• These amendments fall outside the scope of Article 368.
• A few examples of provisions that Parliament can amend by simple majority include:
  • Admission or establishment of new states,
  • Formation of new states and alteration of areas, boundaries, or names of existing states,
  • Abolition or creation of Legislative Councils in states, etc.

By Special Majority of Parliament

• The government can amend the majority of provisions in the Constitution only by a Special Majority, which requires more than 50 percent of the total membership of the House and a majority of two-thirds of the members present and voting.
• The provisions that Parliament can amend by Special Majority include:
  • Fundamental Rights,
  • Directive Principles of State Policy,
  • All other provisions that are not covered by the first and third categories.

By Special Majority of the Parliament and Consent of Half States

• The provisions of the Constitution that are related to the federal structure of the Indian polity require for their amendment a Special Majority of the Parliament along with the consent of half of the state legislatures by a Simple Majority.
• You should note the following points regarding these types of amendments:
  • It does not require that all the states give their consent to the bill. Once half of the states give their consent, they complete the formality, and the bill is passed.
  • The constitution has not prescribed any time limit within which the states should give their consent to the bill.
• Here are a few examples of provisions that can be amended this way:
  • Election of the President and its manner,
  • Extent of the executive power of the Union and the States,
  • Provisions related to the Supreme Court and High courts, etc.