Various Methods Involved in the Process of Amending the Indian Constitution

Various Methods Involved in the Process of Amending the Indian Constitution

Introduction

The Constitution of India is the supreme law of the country, but it also has a mechanism for changes to be made to it. This is important because society changes, and the Constitution needs to adapt to these changes while still protecting its core principles. This document explains the different ways the Indian Constitution can be amended, mainly focusing on Article 368 and other related parts. The rules for this process are mostly in Part XX of the Constitution, specifically in Article 368, which carefully describes how the country's most important legal text can be changed.

The Indian Constitution, adopted in 1950, is a dynamic document designed to adapt to the evolving needs of society. To facilitate this adaptability, the Constitution provides a detailed procedure for its amendment, ensuring that changes are made thoughtfully and with due consideration.

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Understanding Constitutional Amendments

A constitutional amendment refers to a formal change or addition proposed and ratified according to the procedures outlined in the Constitution. In India, the process of amendment is governed by Article 368, which outlines the methods by which the Constitution can be altered.

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Classification of Amendments

The Indian Constitution provides for three types of amendments:

1. Amendments by Simple Majority of Parliament

2. Amendments by Special Majority of Parliament

3. Amendments by Special Majority of Parliament with Ratification by Half of the State Legislatures

Let's explore each of these in detail.

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1. Amendments by Simple Majority of Parliament

Certain provisions of the Constitution can be amended by a simple majority, similar to the procedure for passing ordinary laws. These amendments are not covered under Article 368.

Examples 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

• Second Schedule – emoluments, allowances, privileges, and so on of the President, Governors, Speakers, etc.

• Fifth Schedule – provisions as to the administration and control of Scheduled Areas and Scheduled Tribes

• Sixth Schedule – provisions as to the administration of Tribal Areas in the states of Assam, Meghalaya, Tripura, and Mizoram

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2. Amendments by Special Majority of Parliament

Most constitutional provisions fall under this category. An amendment under this method requires:

• A majority of the total membership of each House of Parliament, and

• A majority of not less than two-thirds of the members of that House present and voting

This procedure ensures that significant changes to the Constitution are made with substantial consensus.

Examples include:

• Fundamental Rights

• Directive Principles of State Policy

• All other provisions not covered by the first and third categories

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3. Amendments by Special Majority of Parliament with Ratification by Half of the State Legislatures

Certain amendments that affect the federal structure of the Constitution require, in addition to the special majority in Parliament, ratification by at least half of the state legislatures. This ensures that states have a say in changes that impact their powers and the federal balance.

Provisions requiring this method include:

• Election of the President

• Extent of the executive power of the Union and the states

• Powers of the Parliament to amend the Constitution and its procedure (Article 368 itself)

• Representation of states in Parliament

• Provisions dealing with the Union judiciary and the High Courts

• Distribution of legislative powers between the Union and the states

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Procedure for Amendment under Article 368

The general procedure for amending the Constitution under Article 368 involves several steps:

1. Introduction of the Amendment Bill: The process begins with the introduction of a bill in either House of Parliament.

2. Passage in Both Houses: The bill must be passed in each House by a majority of the total membership and by a two-thirds majority of members present and voting.

3. Ratification by States (if required): For amendments affecting federal provisions, ratification by at least half of the state legislatures is necessary.

4. Presidential Assent: After passing both Houses and obtaining state ratification (if needed), the bill is presented to the President for assent. Once the President gives assent, the Constitution stands amended.

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Significance of the Amendment Process

The amendment process ensures that the Constitution remains a living document, capable of adapting to changing circumstances while maintaining its core principles. The varying procedures for different types of amendments reflect the importance and sensitivity of the provisions involved.

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Conclusion

The Indian Constitution's amendment process balances flexibility with rigidity, allowing for necessary changes while safeguarding the foundational structure of the nation. Understanding these procedures is crucial for appreciating how India's democracy evolves and responds to new challenges.

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References:

• Constitution of India – Article 368

• Drishti IAS – Procedure of Amendment

• iPleaders – The Amendment of the Constitution: Article 368

• Wikipedia – Amendment of the Constitution of India

• Next IAS – Amendment of the Constitution: Meaning, Provisions & More

• Unacademy – Amendment of the Indian Constitution under Article 368

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More Information 

Methods of Amending the Indian Constitution: A Detailed Explanation

Introduction

The Constitution of India is the supreme law of the country, but it also has a mechanism for changes to be made to it. This is important because society changes, and the Constitution needs to adapt to these changes while still protecting its core principles.¹ This document explains the different ways the Indian Constitution can be amended, mainly focusing on Article 368 and other related parts.¹ The rules for this process are mostly in Part XX of the Constitution, specifically in Article 368, which carefully describes how the country's most important legal text can be changed.¹

Constitutional Basis for Amendment

Article 368 of the Indian Constitution gives the Parliament the power to change the Constitution by adding, changing, or removing any part of it.⁵ However, this power must be used according to the rules laid out in Article 368.⁵

Initiation of Amendment

Any change to the Constitution must start with a Bill being introduced in either the Lok Sabha (House of the People) or the Rajya Sabha (Council of States). State legislatures do not have the power to start this process.¹ This Bill can be introduced by a government minister or any other member of Parliament. Importantly, the President of India does not need to give permission before such a Bill is introduced.¹ This shows that the Parliament has the main role in deciding how the country's fundamental laws can be changed.¹ While states have a say in some amendments, especially those affecting the federal structure, only the Parliament can propose and start the amendment process.¹ Article 368(3) clarifies that changes made under this article are not considered regular 'law' as defined in Article 13.⁵ This means that constitutional amendments are not automatically checked to see if they violate fundamental rights in the same way as normal laws.⁵ However, this has been debated and reviewed by the courts, leading to the development of the Basic Structure Doctrine, which limits the Parliament's power to change the Constitution, especially when it comes to fundamental rights.³

Types of Amendments

The Indian Constitution allows for three different ways to make amendments, depending on what part of the Constitution is being changed. This shows a careful balance between allowing necessary changes and ensuring that there is agreement on important matters.¹

Amendment by Simple Majority of Parliament

Some parts of the Constitution that deal with the day-to-day running of the government can be changed by a simple majority in both Houses of Parliament. This means that more than half of the members present and voting in each House need to agree.¹ These types of amendments are specifically stated as not being considered amendments under Article 368.¹ Examples include admitting or establishing new states (Article 2) ¹, forming new states or changing the names or borders of existing states (Article 3) ¹, creating or abolishing Legislative Councils in states (Article 169) ¹, and rules about citizenship.¹

Amendment by Special Majority of Parliament

Most parts of the Constitution require a 'special majority' in Parliament to be amended. This shows that these parts are considered more important. A special majority means that in each House of Parliament, the amendment must be supported by more than 50 percent of the total members of that House, and also by at least two-thirds of the members who are present and voting.¹ Both Houses must pass the amendment bill separately, and if they disagree, there is no option for a joint meeting to resolve it.¹ Examples of provisions that need this special majority include Fundamental Rights (Part III) and Directive Principles of State Policy (Part IV) ¹, as well as other articles that don't fall into the other two categories.¹

Amendment by Special Majority of Parliament and Consent of State Legislatures

For amendments that would change the federal structure of the Constitution (the way power is shared between the central government and the states), a special majority in Parliament is needed, plus the agreement of at least half of the state legislatures. This highlights the importance of states having a say in matters that affect their relationship with the central government. In addition to the special majority in both Houses of Parliament, these amendments need to be approved by a simple majority in the legislatures of at least half of the states.¹ It's important to note that not all states need to agree; just half is enough.¹ The Constitution does not set a time limit for how long states have to give their consent.¹ Several important parts of the Constitution fall under this category, including the election of the President and how it's done (Articles 54 and 55) ¹, the extent of the executive powers of the central government and the states (Articles 73 and 162) ¹, provisions about the Supreme Court and High Courts (Articles 124-147 and 214-231) ¹, how legislative powers are divided between the central government and the states (Articles 245-255, Chapter I of Part XI) ¹, any of the lists in the Seventh Schedule (Union List, State List, Concurrent List) ¹, how states are represented in Parliament (Article 82) ¹, Article 368 itself (the amendment process) ¹, and the Goods and Services Tax Council (Article 279A).⁶

Type of Amendment	Required Majority in Parliament	State Ratification Required	Illustrative Examples of Provisions Amendable
Simple Majority	Majority of members present and voting in each House	No	Formation of new states, alteration of state boundaries, citizenship, salaries of officials
Special Majority	Majority of total membership of each House and 2/3rd of members present and voting in each House	No	Fundamental Rights, Directive Principles of State Policy, other non-federal provisions
Special Majority + State Ratification	Majority of total membership of each House and 2/3rd of members present and voting in each House	Yes, by legislatures of half of the states by simple majority	Election of President, executive powers of Union and States, Union Judiciary, High Courts, distribution of legislative powers, Seventh Schedule, representation of States in Parliament, Article 368

Step-by-Step Procedure for Amendment

Amending the Indian Constitution is a process with several steps to ensure careful consideration and agreement.

1. Introduction of the Amendment Bill: As mentioned earlier, a Bill to amend the Constitution can be introduced in either the Lok Sabha or the Rajya Sabha by a minister or a private member. No prior approval from the President is needed.¹
2. Discussion and Voting: The Bill is then discussed and voted on in both the Lok Sabha and the Rajya Sabha.¹ It must be passed in each House separately by the required majority, which could be a simple majority or a special majority, depending on what the amendment is about.¹ For amendments needing a special majority, this means getting a majority of the total members of the House and at least two-thirds of the members who are present and voting.¹ It's important to note that there is no provision for a joint meeting of both Houses if they disagree on a constitutional amendment bill, which emphasizes the need for agreement between the two.¹
3. Presidential Assent: Once the Bill has been passed by both Houses with the necessary majority (and ratified by the states if required), it is sent to the President to be signed into law.¹ A significant change happened with the 24th Constitutional Amendment, which made it mandatory for the President to give their approval to a constitutionally passed amendment bill. This means the President can no longer refuse to sign it or send it back for reconsideration.¹
4. Ratification by States (if applicable): If the amendment aims to change the federal aspects of the Constitution, it also needs to be ratified by the legislatures of at least half of the states by a simple majority.¹ This step happens after the Bill has been passed by both Houses of Parliament.¹ The amendment only becomes effective after it has been approved by the required number of state legislatures.¹
5. Notification: Finally, after the amendment has been ratified by the states (if necessary) and has received the President's signature, it is officially announced in the Gazette of India. At this point, it becomes a part of the Constitution.¹

Role of the President in Amendment Process

The President of India has a role in the constitutional amendment process, but it is mostly a formal one.²⁹ As mentioned, the President's permission is not needed to introduce a Bill for amending the Constitution in Parliament.¹ However, after the Bill has been passed by both Houses with the required majority (and ratified by states if needed), it is presented to the President for their approval.¹ A key change in the President's role came with the 24th Constitutional Amendment in 1971. This amendment made it legally required for the President to give assent to a Constitution Amendment Bill that has been properly passed by Parliament and, if necessary, approved by the states.¹ Because of this, the President is now obligated to sign such bills and cannot refuse or send them back to Parliament for reconsideration.¹ This amendment clearly stated Parliament's power to amend any part of the Constitution and made the President's approval a mandatory step.⁶

Limitations on the Amending Power

While Article 368 gives the Parliament the power to amend the Constitution, this power is not unlimited. There are fundamental restrictions to ensure the Constitution's importance as the supreme law.¹

Constitutional Supremacy

The most important limit is that the Constitution itself is supreme. The power to make amendments comes from the Constitution and is therefore limited by it.¹

Basic Structure Doctrine

The most significant restriction is the Basic Structure Doctrine. This idea came from the Kesavananda Bharati v. State of Kerala case in 1973.³ It says that while Parliament can amend any part of the Constitution, it cannot change or destroy its basic structure or framework.³ The Supreme Court in this case didn't list all the 'basic features' but mentioned some, like the Constitution's supremacy, the rule of law, separation of powers, judicial review, federalism, secularism, and the democratic and republican form of government.³⁴ This doctrine developed through several court cases, starting with Shankari Prasad and Sajjan Singh, where the Court initially supported Parliament's wide powers to amend, then the Golaknath case, which questioned if fundamental rights could be amended, before the Basic Structure Doctrine was firmly established in Kesavananda Bharati.¹¹ This doctrine is a major check on Parliament's power, ensuring that the core values of the Constitution are protected.³

Judicial Review

The Constitution also establishes Judicial Review, giving the courts the power to check if laws, including constitutional amendments, are valid under the Constitution.⁶ If an amendment violates the Constitution, especially its basic structure, the Supreme Court can declare it invalid.⁶ An initial attempt to prevent judicial review of constitutional amendments through Article 368(4) was later struck down by the Supreme Court, reaffirming the judiciary's role as the guardian of the Constitution.⁵

Landmark Constitutional Amendments

Since it was enacted in 1950, the Indian Constitution has been amended many times to reflect the country's changing social and political situation and to meet new needs.¹ As of February 2025, there have been 106 amendments.⁶⁹ Some important amendments have significantly shaped India:

• First Amendment Act of 1951: Protected laws related to social justice and put reasonable limits on freedom of speech, also adding the Ninth Schedule to protect certain laws from court review.¹
• Forty-Second Amendment Act of 1976: Known as the "Mini-Constitution," it made many changes, including adding "Socialist," "Secular," and "Integrity" to the Preamble, introducing Fundamental Duties, and limiting the power of judicial review.¹
• Forty-Fourth Amendment Act of 1978: Reversed some of the changes made by the 42nd Amendment, including restoring some judicial powers and changing the grounds for declaring a national emergency.¹
• Seventy-Third and Seventy-Fourth Amendment Acts of 1992: Gave constitutional status to Panchayati Raj Institutions (local rural governments) and urban local bodies, promoting decentralization.¹
• Eighty-Sixth Amendment Act of 2002: Made education a fundamental right for children aged 6 to 14.¹
• One Hundred and First Amendment Act of 2016: Introduced the Goods and Services Tax (GST), a major tax reform.¹
• One Hundred and Third Amendment Act of 2019: Provided a 10% reservation for Economically Weaker Sections (EWS).¹
• One Hundred and Sixth Amendment Act of 2023: Reserved one-third of all seats for women in the Lok Sabha and State Legislative Assemblies.¹

Amendment Number and Year	Key Provisions/Changes	Significance/Impact
First Amendment (1951)	Restrictions on freedom of speech, protection of land reforms, added Ninth Schedule	Addressed immediate post-independence needs, balanced rights with social order
Forty-Second Amendment (1976)	Added "Socialist," "Secular," "Integrity" to Preamble, introduced Fundamental Duties, curtailed judicial review	Significant alterations during Emergency, aimed to strengthen central government
Forty-Fourth Amendment (1978)	Restored some judicial powers, replaced "internal disturbance" with "armed rebellion" for emergency	Reversed some excesses of the 42nd Amendment, strengthened safeguards against misuse of emergency powers
Seventy-Third & Seventy-Fourth Amendments (1992)	Granted constitutional status to Panchayati Raj Institutions and urban local bodies	Promoted decentralization and grassroots democracy
Eighty-Sixth Amendment (2002)	Made education a fundamental right (Article 21A)	Recognized education as a basic human right and state obligation
One Hundred and First Amendment (2016)	Introduced Goods and Services Tax (GST)	Major indirect tax reform, aimed at economic integration
One Hundred and Third Amendment (2019)	Provided 10% reservation for Economically Weaker Sections (EWS)	Introduced reservation based on economic criteria
One Hundred and Sixth Amendment (2023)	Reserved one-third of seats for women in Lok Sabha and State Assemblies	Aimed at enhancing women's representation in legislatures

Conclusion

The process of amending the Indian Constitution is a detailed and balanced approach that allows for necessary changes while protecting the fundamental principles of the nation. It involves different levels of parliamentary majority and, for certain important federal aspects, requires the agreement of state legislatures. The President plays a formal role in giving assent to amendments. Importantly, the Parliament's power to amend is not absolute and is limited by the Constitution's supremacy and the Basic Structure Doctrine, which ensures that the core values of Indian democracy are preserved. The numerous amendments made since 1950 show that the Constitution is a living document that continues to adapt to the evolving needs of the country and its people.