Like other written constitutions, the Indian Constitution provides for its own amendment to adapt to evolving social, political, and economic conditions.
The amendment process reflects a balance between flexibility and rigidity—it is not as easy as in the British Constitution (which is unwritten and highly flexible), nor as difficult as in the US Constitution (which is very rigid).
Constitutional Provision: Article 368
Article 368, located in Part XX of the Constitution, provides the procedure and power of the Parliament to amend the Constitution.
Parliament may amend the Constitution through:
Addition
Variation
Repeal of any provision
Limitations Imposed by Judiciary
In the landmark Kesavananda Bharati case (1973), the Supreme Court ruled that:
Parliament cannot amend or alter the ‘basic structure’ of the Constitution.
This judicially imposed limitation ensures that while Parliament enjoys wide powers to amend, it cannot destroy the core ideals and principles of the Constitution.
Procedure for Amendment of the Constitution
The amendment process under Article 368 is designed to ensure both parliamentary scrutiny and federal consent (where necessary). It consists of the following steps:
Introduction of the Bill
An amendment can be initiated only in either House of Parliament, not in the state legislatures.
The bill can be introduced by a minister or a private member.
No prior permission of the President is required for introduction.
Passage by Special Majority
The bill must be passed in each House by a special majority:
A majority of the total membership of the House, and
A two-thirds majority of members present and voting.
The bill must be passed separately by each House.
No provision exists for a joint sitting in case of disagreement between the Houses.
Ratification by States (If Required)
If the amendment involves federal provisions (e.g., the distribution of powers between the Centre and states), it must be ratified by at least half of the state legislatures.
This ratification requires only a simple majority in each of those state legislatures.
After passage in both Houses (and ratification by states, if necessary), the bill is presented to the President.
The President is bound to give assent; he cannot withhold or return the bill.
Final Step: Becomes Law
Once the President gives assent, the bill becomes a Constitutional Amendment Act, and the Constitution stands amended accordingly.
Types of Amendments to the Indian Constitution
Amendments under Article 368
Article 368 provides the formal procedure for amending the Constitution.
Two types of amendments are specified under this Article:
By Special Majority of Parliament: Requires a majority of the total membership of each House and a two-thirds majority of members present and voting.
By Special Majority and State Ratification: In addition to the special majority in Parliament, requires ratification by at least half of the state legislatures.
Amendments by Simple Majority (Outside Article 368)
Certain provisions of the Constitution can be amended by a simple majority of the members present and voting in both Houses of Parliament.
These amendments follow the ordinary legislative process.
Such changes are not treated as constitutional amendments under Article 368.
Examples include:
Changes in the names, boundaries, or areas of states (Article 3).
Provisions relating to the salaries and allowances of the President, Governors, and judges.
Matters specified in the Fifth and Sixth Schedules.
