Procedure for Amendment of Constitution
🧾 Procedure for Amendment of the Constitution of India
(As laid down in Article 368 of the Constitution)
🏛️ 1. Source of Power:
The procedure to amend the Constitution is provided in Article 368 under Part XX – Amendment of the Constitution.
⚖️ 2. Types of Amendments:
There are three types of constitutional amendments in India:
| Type of Amendment | How it is Done | Examples |
|---|---|---|
| 1. By Simple Majority of Parliament | Like an ordinary law. Not under Article 368. | Creation of new states, changes in the 2nd Schedule |
| 2. By Special Majority of Parliament | Passed by a two-thirds majority of members present and voting, plus a majority of total membership in each House. | Most constitutional amendments |
| 3. By Special Majority + Ratification by Half of the States | For certain provisions that affect federal structure, after passing in Parliament, it must be ratified by at least 50% of the state legislatures. | Amendment affecting High Courts, distribution of legislative powers, etc. |
📝 3. Step-by-Step Procedure (Under Article 368):
A. Introduction of Amendment Bill:
Can be introduced in either House of Parliament.
Only by a minister or a private member.
President's prior permission is NOT required.
B. Passage by Parliament:
Must be passed in each House separately.
Requires a special majority:
Majority of total membership AND
Two-thirds majority of members present and voting
C. Ratification by States (if required):
For some amendments (see Type 3 above), ratification is needed by at least half of the state legislatures.
D. Assent of the President:
After being passed by Parliament (and ratified by states, if required), the bill is sent to the President for assent.
President cannot withhold or return the bill for reconsideration.
Once the President gives assent, the Constitution stands amended.
🔐 Important Features of the Amendment Process:
Not as rigid as the US Constitution, nor as flexible as the UK Constitution.
Balances flexibility and rigidity.
Maintains federal structure by involving states in certain amendments.
Ensures democratic legitimacy through parliamentary supermajority.
📌 Landmark Case: Kesavananda Bharati v. State of Kerala (1973)
The Supreme Court ruled that Parliament can amend any part of the Constitution, including Fundamental Rights.
BUT: The "basic structure" of the Constitution cannot be altered.
🧠 Summary:
The Constitution of India can be amended through:
Simple majority (for minor changes),
Special majority (for most provisions), or
Special majority + ratification by states (for federal matters),
as laid down in Article 368, with the aim of ensuring both flexibility and stability of the constitutional system.
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