Isabella Carter
The Indian Constitution is the most frequently amended national constitution in the world, with 106 amendments since its enactment in 1950. Amendments to the Constitution of India are governed by Article 368, which grants Parliament the exclusive power to amend the Constitution. This process requires a two-thirds majority in Parliament, with at least two-thirds of members present and voting, and in some cases, the consent of half of India's states. This special majority is required for constitutional amendments to ensure broad consensus and safeguard the integrity of the Constitution. The Constituent Assembly, despite being elected on a limited franchise, was trusted to pass the Constitution by a simple majority, while the Parliament, elected on adult suffrage, does not have the same power.
| Characteristics | Values |
|---|---|
| Number of Amendments | 106 |
| Frequency of Amendments | Twice a year |
| Types of Amendments | 3 |
| First Category Amendments | Articles 4 (2), 169, 239A (2), 239AA (7b), 243M (4b), 243ZC (3), 244A (4), 312(4), para 7(2) of Schedule V and para 21(2) of Schedule VI |
| Second Category Amendments | N/A |
| Third Category Amendments | Special Majority in each House of Parliament and ratification by at least half of State Legislatures |
| Amendment Initiation | Bill introduced in either House of Parliament |
| Amendment Passage | Majority of total membership of each House and a majority of not less than two-thirds of members of each House present and voting |
| Amendment Ratification | Ratification by half of State Legislatures |
| Amendment Process | Bill presented to President for assent |
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What You'll Learn
- The Indian Constitution is the most amended constitution globally
- Amendments are initiated by a Bill in the House of Parliament
- A two-thirds majority is required for most Constitution Amendment Bills
- Special majority criteria vary depending on the context
- Amendments can be made without affecting the 'basic structure' of the Constitution
The Indian Constitution is the most amended constitution globally
The Indian Constitution is the most frequently amended national constitution globally. As of July 2025, there have been 106 amendments since it was enacted in 1950, averaging roughly two amendments per year. This high frequency of amendments is partly due to the level of detail in the Constitution regarding governmental powers. Many matters addressed by statute in other democracies must be addressed via constitutional amendment in India.
The Indian Constitution does not contain a provision to limit the powers of Parliament to amend the Constitution. However, there is a supermajority requirement for amendments to pass. An amendment must be introduced as a Bill in either House of Parliament and requires a majority of two-thirds of the members of that House present and voting, as well as a majority of the total membership of that House. This type of majority is also required when a constitutional amendment tries to change the federal structure.
There are three types of amendments outlined in the original Constitution. The first type of amendment can be passed by a simple majority in each house of Parliament, the same majority required for an ordinary law. The second type of amendment requires a "'special majority' in each house of Parliament." The third type of amendment must be passed by a "special majority" in each house and ratified by at least half of the State Legislatures.
The most common reason for amendments to the Constitution is the curtailment of the Fundamental Rights charter. This is achieved by inserting laws contrary to the fundamental rights provisions into Schedule 9 of the Constitution, which protects such laws from judicial review. However, in a landmark ruling in 2007, the Supreme Court of India confirmed that all laws would be open to judicial review if they violate the "basic structure of the Constitution".
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Amendments are initiated by a Bill in the House of Parliament
The process of amending the Constitution of India involves making changes to the nation's fundamental or supreme law. The Parliament of India has the power to amend the Constitution, and this power is subject to a special procedure outlined in the Constitution.
Amendments to the Constitution are initiated by introducing a Bill in either House of Parliament. This means that a Bill for the purpose of amendment can be introduced in either the Lok Sabha (House of the People) or the Rajya Sabha (Council of States). The Bill can be introduced by a minister or a private member, and it does not require the President's permission.
For the Bill to pass in each House, it must achieve two types of majority: a majority of the total membership of that House, and a majority of not less than two-thirds of the members present and voting. This is known as a special majority. The requirement for a special majority ensures that a substantial proportion of the members of each House support the amendment, providing a safeguard against hasty or unilateral changes to the Constitution.
Once the Bill has passed in both Houses, it is presented to the President for his assent. The President's role in this process is significant as, upon giving his assent, the Constitution stands amended according to the terms of the Bill. However, if the President believes a Bill violates the Constitution, he can send it back with his recommendations, and request that it is passed under the constituent powers of Parliament following the Article 368 procedure.
It is important to note that state legislatures cannot initiate Bills or proposals for constitutional amendments. Their role is limited to the ratification procedure outlined in Article 368, which comes into play if an amendment seeks to change certain provisions mentioned in the proviso to Article 368. Additionally, state legislatures are involved if an amendment affects the area, boundaries, or name of a state, as outlined in Article 3.
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A two-thirds majority is required for most Constitution Amendment Bills
The Indian Constitution is the world's most frequently amended national constitution. Amendments to the Constitution are governed by Article 368, which outlines the power of Parliament to amend the Constitution. This article provides for two types of amendments. The first type can be passed by Parliament with a simple majority, as required for the passing of any ordinary law.
The second type of amendment requires a special majority, which includes stricter criteria. This type of majority is required for most Constitution Amendment Bills. A special majority refers to a majority of two-thirds of the members present and voting, also supported by over 50% of the total membership of the House. This type of majority is needed when a constitutional amendment tries to change the federal structure. For example, the National Judicial Appointments Commission Bill required the support of at least 15 state legislatures out of 29 states.
A two-thirds majority is also required for the impeachment of the President of India. In this case, both Houses of Parliament need to pass the motion by a two-thirds majority. A two-thirds majority is also required for removing judges of the Supreme Court or High Court, the Comptroller and Auditor General of India, and the Chief Election Commissioner.
The requirement for a two-thirds majority in the Indian Parliament is essential for safeguarding the integrity and stability of the constitutional framework. It ensures that fundamental principles enshrined in the Constitution are not altered without a broad consensus, preventing the tyranny of the majority.
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Special majority criteria vary depending on the context
The Indian Constitution is the world's most frequently amended national constitution, with 106 amendments since its enactment in 1950. This has resulted in an average of two amendments per year. The Constitution's detailed provisions on governmental powers are the primary reason for the high number of amendments.
The Indian Parliament operates on a system of different types of majorities, including simple, absolute, effective, and special majority. These majorities are used to pass a bill or resolution of motion in Parliament. The type of majority required to pass a resolution, motion, or bill varies depending on the purpose.
The simple majority is the most frequently used form of majority in Parliamentary business. When the Constitution or laws do not specify the type of majority needed, a simple majority is considered. A simple majority is required for passing ordinary bills and budget approvals.
The special majority criteria vary depending on the context. A special majority generally includes stricter criteria, such as a two-thirds majority of members present and voting, also known as a 2/3rd majority, and a majority of the total membership of the House. A special majority is required for amending the Constitution under Article 368 and for the impeachment of the President of India.
The Indian Parliament also uses absolute and effective majorities. An absolute majority requires more than half of the total strength of the House, while an effective majority is calculated as more than 50% of the effective strength of the House (total membership minus vacancies). An effective majority is used for removing the Speaker or Deputy Chairman.
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Amendments can be made without affecting the 'basic structure' of the Constitution
The Indian Constitution is the most frequently amended national constitution in the world, with 106 amendments since its enactment in 1950. This is due to the Constitution's detailed outline of governmental powers, which means that many matters addressed by statute in other nations require constitutional amendments in India.
The Constitution of India vests constituent power upon the Parliament, with some limitations. Amendments can be made with a simple majority in each house of Parliament, a special majority in each house of Parliament, or a special majority in each house of Parliament with ratification by at least half of the State Legislatures. A simple majority requires a majority of more than 50% of members present and voting, while a special majority requires a majority of two-thirds of the members of each house present and voting, and a majority of the total membership of each house.
The Basic Structure Doctrine, established in the Kesavananda Bharati case in 1973, limits the amending power of Parliament. This doctrine ensures that the 'Basic Structure of the Constitution' cannot be amended, and amendments under Article 368 are valid as long as they do not violate this structure. The Supreme Court has also ruled that Parliament cannot take away the power of 'judicial review' as it is part of the 'Basic Structure'.
Amendments can be made without affecting the basic structure of the Constitution, as outlined by the Supreme Court. The Basic Structure Doctrine ensures that certain fundamental features of the Constitution, such as the curtailment of the Fundamental Rights charter, cannot be altered by amendment. This was reaffirmed in the landmark ruling in January 2007, where a nine-judge constitutional bench of the Supreme Court of India confirmed that all laws would be open to judicial review if they violate the "basic structure of the Constitution".
The framers of the Constitution intended for it to be flexible and adaptable to changing conditions. This flexibility is reflected in the different types of majorities required for amendments, allowing for necessary changes to be made while also protecting the fundamental structure of the Constitution.
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Frequently asked questions
A special majority is a majority of the total membership of the house and a majority of two-thirds of the members of the house present and voting.
A simple majority is a majority of 50% plus one.
A special majority requires at least two-thirds of the members present and voting to support a motion, whereas a simple majority does not.
A two-thirds majority is required for the impeachment of the President of India, the removal of Supreme Court or High Court judges, and for most Constitution Amendment Bills.
The process for amending the Constitution of India begins with the introduction of a Bill in either House of Parliament. The Bill must then be passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting. The Bill is then presented to the President for assent. In some cases, the consent of half of India's states is also required.
