Procedure in Amendment of Constitution

PROCEDURE IN AMENDMENT OF CONSTITUTION
Meaning of the Amendment of the Constitution

The Amendment of the Constitution refers to the process of making changes such as the addition, variation,
or repeal of any provision of the Constitution in accordance with the procedure laid down for the purpose.
The purpose of Constitutional Amendments is to ensure that the Constitution remains a living
document capable of adapting to changing circumstances while upholding its fundamental principles and
values.
Provisions of Amendment of Indian Constitution

The Indian Constitution, being a living document, provides for its amendment. The detailed provisions
regarding the Amendment of the Constitution of India are contained in Article 368 in Part XX of the Indian
Constitution. These provisions define the process and scope of amending the Constitution.
Various aspects of the Amendment of the Constitution of India are dealt with in detail in the sections that
follow.
Procedure for Amendment to the Indian Constitution

 The procedure for the Amendment of the Constitution of India as per Article 368 is as follows:
o A bill for the amendment of the Constitution can be introduced only in either house of
the Parliament, not in the State Legislatures.
o The bill can be introduced either by a minister or by a private member and does not
require prior permission of the President.
o The bill must be passed in each House by a Special Majority, that is, a majority (more
than 50 percent) of the total membership of the House and a majority of two-thirds of
the members of the House present and voting.
o Each House must pass the bill separately. In case of a disagreement between the two
Houses, there is no provision for holding a joint sitting of the two Houses for
deliberation and passage of the bill.
o If the bill seeks to amend the federal provisions of the Constitution, it must also be
ratified by the legislatures of half of the states by a Simple Majority, that is, a
majority of the members of the House present and voting.
o After duly passed by both Houses of Parliament and ratified by the State Legislatures,
where necessary, the bill is presented to the President for his/her assent.
o The President must give his assent to the bill. He can neither withhold his assent to
the bill nor return the bill for reconsideration by the Parliament.
o After the President’s assent, the bill becomes an Act (i.e. a Constitutional
Amendment Act), 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:
o By a Special Majority of Parliament (50% of the total membership of the House +
2/3rd of the members present and voting),
o By a Special Majority of Parliament plus ratification of 1/2 of the states by a Simple
Majority,
 One other type of amendment can be done by a Simple Majority of Parliament.
o However, these amendments are not deemed to be amendments for the purpose
of Article 368.
 Therefore, the Constitution can be amended in three ways:
o Amendment by a simple majority of the Parliament,
o Amendment by a special majority of the Parliament, and
o Amendment by a special majority of the Parliament and the ratification of half of
the State Legislatures.
 The process and scope of each type of amendment are discussed in detail below.
By Simple Majority of Parliament
 Several provisions in the Indian Constitution can be amended by a Simple Majority i.e. 50 percent of
members present and voting.
 It is to be noted that these amendments fall outside the scope of Article 368.
 A few examples of the provisions that can be amended by simple majority are:
o Admission or establishment of new states,
o Formation of new states and alteration of areas, boundaries, or names of existing states,
o Abolition or creation of Legislative Councils in states, etc.
By Special Majority of Parliament
 The majority of the provisions in the Constitution can be amended only by a Special Majority (more
than 50 percent of the total membership of the House and a majority of two-thirds of the
members of that House present and voting).
 The provisions that can be amended by Special Majority are:
o Fundamental Rights,
o Directive Principles of State Policy,
o 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.
 The following points are to be noted w.r.t. these types of amendments:
o It does not require that all the states give their consent to the bill. The moment half of
the states give their consent, the formality is completed and the bill is passed.
o The constitution has not prescribed any time limit within which the states should give
their consent to the bill.
 A few examples of the provisions that can be amended this way are:
o Election of the President and its manner,
o Extent of the executive power of the Union and the States,
o Provisions related to the Supreme Court and High courts, etc.
Basic Structure of the Constitution

 The Basic Structure of the Indian Constitution refers to a set of core principles deemed essential,
which cannot be destroyed or altered through amendments by the Parliament. This concept, though
not explicitly mentioned in the Constitution, was established by the Supreme Court in the
landmark Kesavananda Bharati case (1973).
 The Doctrine of Basic Structure is a check on the amending power of the Parliament and ensures that
the fundamental ethos, principles, and the underlying framework of the Constitution remain intact,
preserving its spirit.
Significance of the Constitutional Amendment

The provision for amendment of the Indian Constitution carries multifarious significance as listed below:
 Adaptability in Governance: The Constitution lays down fundamental principles of governance. A

diverse and constantly evolving country like India cannot be governed by a set of fixed rules. The
amendment of the constitution enables to bring changes in governance as per needs and situations.
 Accommodating New Rights: With rising awareness, various sections of society are becoming
assertive of their rights. For example, of late, the LGBT community has been demanding their
rights. The amendment enables providing for such rights.
 Evolution of New Rights: New interpretations of the Constitution led to the evolution of new rights.
For example, a new interpretation of the Right to Life and Personal Liberty gave rise to the Right to
Privacy. The amendment enables accommodating such rights.
 Addressing Emerging Issues: It enables addressing new emerging trends like bans, vigilantism, etc.
 Bringing Social Reform: It enables the eradication of outdated socio-cultural practices to usher in
modernity.
Criticism of the Amendment Procedure

The procedure for amendment of the Indian constitution has been criticized on the following grounds:
 There is no provision for a special body for amending the Constitution such as the Constitutional
Convention or Constitutional Assembly. The constituent power is vested in the Legislative Body
itself i.e. the Parliament and the State Legislatures (in a few cases).
 There is no provision for a special process for amending the Constitution. Except for the
requirement of Special Majority, the process of amendment is similar to that of a legislative process.
 The power to initiate an amendment lies only with the Parliament. The states have no such powers
(except for passing a resolution to create or abolish state legislative councils).
 A major part of the Constitution can be amended by the Parliament alone. Only in a few cases, the
consent of the state legislatures is required, and that too, only half of them.
 Lack of provision for holding a joint sitting of both Houses of Parliament for a constitutional
amendment bill, sometimes, leads to the situation of a deadlock.
 The provisions relating to the amendment procedure, being too sketchy, leave a wide scope
for creating disputes and taking the matters to the judiciary.
The process of amending the constitution is a crucial aspect of maintaining the relevance and adaptability of
India’s legal framework to changing societal needs and circumstances. These constitutional amendments have
played a significant role in shaping the country’s governance and legal framework. It ensures that the
Constitution remains a living document, reflective of its people’s aspirations, challenges, and evolving societal
values, ensuring its relevance and efficacy for generations to come.
Important Amendments in the Indian Constitution

Amendments Provisions
It added the Ninth Schedule of the Constitution which

1st Amendment
includes a list of Central and State laws that cannot be
Act of 1951
challenged in courts.
– Three terms (i.e., socialist, secular, and integrity) were

42nd
added in the Preamble.
Amendment Act
– It added Fundamental Duties (new Part IVA) in the
of 1976
Constitution.
– It replaced the term ‘internal disturbance’ with ‘armed

44th rebellion’ which was related to National Emergency (Article
Amendment Act 352).
of 1978 – It deleted the Right to Property from the Fundamental
Rights and made it a legal right.
61st Amendment
It lowered the voting age from 21 years to 18 years.
Act of 1988
73rd It introduced the provisions related to Panchayati Raj

Amendment Act Institutions, aiming to decentralize power to the grassroots
of 1992 level.
74th
It introduced the provisions related to Urban Local Bodies,
Amendment Act
empowering Municipalities and Municipal Corporations.
of 1992
86th
It added that the State shall provide free and compulsory
Amendment Act
education to all children aged six to fourteen years.
of 2002
97th This amendment gave constitutional status and protection to

Amendment Act
Amendments Provisions
of 2011 the cooperative societies.
101st It introduced the Goods and Services Tax (GST), a

Amendment Act comprehensive indirect tax reform aimed at simplifying the
of 2016 tax structure and promoting economic integration.
102nd
It gave Constitutional Status to National Commission for the
Amendment Act
Backward Classes.
of 2018
103rd
It provides 10% reservation for Economically Weaker
Amendment Act
Sections (EWS).
of 2019
104th It provides for the reservation of seats in the Lok Sabha and
Amendment Act State Legislative Assemblies for members of Scheduled
of 2020 Castes and Scheduled Tribes till 25th January 2030.
105th
It revived the power of the State Governments to identify
Amendment Act
Socially and Educationally Backward Classes (SEBCs).
of 2021
It reserves one-third of all seats for women in Lok Sabha,

106th
State Legislative Assemblies, and the Legislative Assembly of
Amendment Act
the National Capital Territory of Delhi, including those
of 2023
reserved for SCs and STs.

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PROCEDURE IN AMENDMENT OF CONSTITUTION

Meaning of the Amendment of the Constitution

Provisions of Amendment of Indian Constitution

Procedure for Amendment to the Indian Constitution

By Simple Majority of Parliament

By Special Majority of Parliament

By Special Majority of the Parliament and Consent of Half States

Basic Structure of the Constitution

Significance of the Constitutional Amendment

 Adaptability in Governance: The Constitution lays down fundamental principles of governance. A

Criticism of the Amendment Procedure

Important Amendments in the Indian Constitution

It added the Ninth Schedule of the Constitution which

– Three terms (i.e., socialist, secular, and integrity) were

– It replaced the term ‘internal disturbance’ with ‘armed

73rd It introduced the provisions related to Panchayati Raj

97th This amendment gave constitutional status and protection to

of 2011 the cooperative societies.

101st It introduced the Goods and Services Tax (GST), a

It reserves one-third of all seats for women in Lok Sabha,

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