Omar Bennett
The Indian Constitution is the most amended national constitution in the world, with over 100 amendments since its inception in 1950. The Constitution is amended roughly twice a year to address evolving political, social, and economic needs. This is partly because it is highly specific in outlining governmental powers, requiring amendments to be made for matters that would be addressed by statute in other democracies. Amendments are made to ensure the Constitution remains dynamic and relevant, reflecting the evolving needs of governance and society.
| Characteristics | Values |
|---|---|
| Total number of amendments | 106 |
| Frequency of amendments | Twice a year |
| Number of categories of amendments | 3 |
| First category of amendments | Passed by a "simple majority" in each house of the Parliament of India |
| Second category of amendments | Passed by a prescribed "special majority" of each house of Parliament |
| Third category of amendments | Passed by a "special majority" in each house of Parliament and ratified by at least half of the State Legislatures |
| Amendments procedure | A bill for the amendment of the Constitution can be introduced in either house of Parliament by a minister or a private member without needing the President's prior permission. It must be passed in each House by a "special majority", i.e., a majority (more than 50%) of the total membership of the House and a majority of two-thirds of the members of the House present and voting. For federal provisions, the bill also needs approval by at least half of the state legislatures with a "simple majority". The President must then give assent. |
| Flexibility | The Indian Constitution is flexible and adaptable to changing conditions. |
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What You'll Learn
The three types of amendments
The Indian Constitution is the most amended national constitution in the world, with 106 amendments since its enactment in 1950. This is largely due to the level of detail in the Constitution, which means that many matters addressed by statute in other democracies must be addressed via constitutional amendment in India.
There are three types of amendments to the Constitution of India, of which the second and third types are governed by Article 368.
The first type of amendment must be passed by a "simple majority" in each house of the Parliament of India. This is similar to the ordinary legislative process, and examples include amendments to change the number of seats in the Lok Sabha and the Rajya Sabha, and the name of a state.
The second type of amendment must be passed by a prescribed "special majority" of each house of Parliament. This requires a majority (more than 50%) of the total membership of the House and a two-thirds majority of the members of the House present and voting.
The third type of amendment must be passed by a "special majority" in each house of Parliament and ratified by at least one-half of the State Legislatures.
Article 368 does not specify the legislative procedure to be followed at various stages of enacting an amendment. However, it does provide a procedure for the amendment of the Constitution, which includes that an amendment can be initiated by the introduction of a bill in either House of Parliament and does not require prior permission from the President. After the President's assent, the bill becomes an Act, and the Constitution stands amended in accordance with the terms of the Act.
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How to initiate the amendment process
The Indian Constitution is the most frequently amended national constitution in the world, with over 100 amendments since its inception in 1950. The Constitution is amended approximately twice a year, allowing the nation to adjust to evolving social, political, and economic needs.
The Parliament of India has the power to initiate the amendment process and amend the Constitution. However, it is essential to note that the Parliament cannot alter the "basic structure" of the Constitution, as affirmed in the landmark 1973 Kesavananda Bharati case. The Supreme Court ruled that certain core elements, such as federalism, secularism, democracy, and the separation of powers, are beyond amendment.
To initiate the amendment process, a bill for amendment must be introduced in either house of the Parliament. It can be introduced by a minister or a private member without requiring the prior permission of the President. The bill must then be passed by a special majority in both houses of Parliament, known as a "special majority." This special majority typically constitutes a majority of more than 50% of the members present and voting, with some amendments requiring a two-thirds majority.
The specific legislative procedure for enacting an amendment is not outlined in Article 368, leaving gaps in the process. However, the Supreme Court, in Shankari Prasad Singh Deo v. Union of India, clarified that Parliament should follow its ordinary legislative procedures when amending the Constitution.
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The role of Parliament
The Indian Constitution is the most amended national constitution in the world. It is a living document that is flexible and balanced, allowing the nation to adjust to evolving social, political, and economic changes. The Parliament of India plays a crucial role in the amendment process, which is outlined in Article 368 of the Constitution.
Firstly, it is important to note that only Parliament can initiate the constitutional amendment process. A bill for amendment can be introduced in either house of Parliament, but not in the State Legislatures. The bill can be introduced by a minister or a private member without the prior permission of the President. This is the first step in the legislative process of amendment, which is similar to that of ordinary bills.
The second step involves approval by Parliament. The bill must be passed by a special majority in both houses of Parliament. This means it requires a majority of more than 50% of the total membership of each house, as well as a majority of two-thirds of the members present and voting. This is the second type of amendment, as categorised by Article 368.
The third type of amendment, also governed by Article 368, requires an additional step. After passing the bill with a special majority in both houses, it must be ratified by at least one-half of the State Legislatures. This type of amendment is necessary for changes involving federal provisions.
It is worth noting that there is no specified procedure for convening a joint sitting of both houses of Parliament in the case of a standoff. Additionally, while Parliament has the power to amend the Constitution, it cannot alter its core values and the "basic structure," as affirmed by the Supreme Court in the landmark 1973 Kesavananda Bharati case. This includes principles such as federalism, democracy, secularism, and the separation of powers.
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The role of the President
The President plays a crucial role in the amendment process of the Indian Constitution. While the President's prior permission is not required to introduce a bill for amendment in either house of Parliament, their assent is necessary for the bill to become an Act. This means that the President must approve the bill for it to become a Constitutional Amendment Act, bringing about the desired changes to the Constitution. The President cannot withhold or return the bill, as per the established procedure.
The Indian Constitution is unique in its level of detail regarding governmental powers, which often necessitates amendments to address matters that would be covered by statutes in other democracies. As a result, it is the most frequently amended national constitution globally, with over 100 amendments since its inception in 1950. On average, it is amended twice a year.
There are three types of amendments outlined in the Constitution, with the second and third types governed by Article 368, which does not specify the legislative procedure in detail. The first type of amendment requires a simple majority in each house of Parliament, while the second type needs a prescribed "special majority" in both houses. The third type of amendment is the most stringent, requiring not only a special majority in each house but also ratification by at least half of the State Legislatures.
The dynamic nature of the Indian Constitution allows for adjustments to evolving social, political, and economic needs. This flexibility ensures that the Constitution remains relevant and adaptable to the changing landscape of Indian society and governance. However, it is important to note that the Supreme Court has ruled that certain core values, such as federalism, democracy, and secularism, cannot be amended, preserving the fundamental framework of the Constitution.
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The Basic Structure Doctrine
The Indian Constitution is the most frequently amended national constitution in the world. It is so detailed in spelling out governmental powers that many matters addressed by statute in other democracies require constitutional amendments in India. As a result, the Indian Constitution is amended roughly twice a year.
The phrase 'basic structure' was first used in 1973 during the Golaknath case, which debated whether Parliament had the power to amend any or all provisions of the Constitution. The case ruled that Parliament could amend the Constitution but could not destroy its 'basic structure'. The doctrine was further clarified in Minerva Mills v. Union of India, which challenged the constitutionality of sections 4 and 55 of the 42nd Amendment enacted by the government of Indira Gandhi. The Supreme Court, upholding the power of judicial review, declared these sections unconstitutional.
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Frequently asked questions
As of 2024, there have been 106 amendments to the Indian Constitution since it was first enacted in 1950.
The Indian Constitution is amended roughly twice a year. It is the most amended national constitution in the world.
The process for amending the Indian Constitution is outlined in Article 368 of Part XX of the Indian Constitution. A bill for amendment can be introduced in either house of Parliament by a minister or private member without the President's prior permission. The bill must then be passed by a special majority in both houses, which is a majority of the total membership and two-thirds of members present and voting. For federal provisions, the bill also needs approval by at least half of the state legislatures with a simple majority. The President must then give assent, after which the bill becomes an Act and the Constitution is amended.
There are three types of amendments to the Indian Constitution. The first type must be passed by a simple majority in each house of Parliament. The second type must be passed by a prescribed special majority in each house of Parliament. The third type must be passed by a special majority in each house of Parliament and ratified by at least half of the state legislatures.
Amendments to the Indian Constitution cover a wide range of issues, including land reforms, reservation policies, taxation, and fundamental rights.
