Isabella Carter
The Indian Constitution is the most frequently amended national constitution in the world, with 106 amendments since 1950. The Constitution is amended roughly twice a year to address evolving political, social, and economic needs. The Parliament has the power to amend any part of the Constitution, except for its 'basic structure', which includes principles such as secularism, equality, federalism, and the separation of powers. Amendments can be made by a special majority of Parliament, a special majority of Parliament with ratification by half of the state legislatures, or a simple majority of Parliament.
| Characteristics | Values |
|---|---|
| Number of amendments | Unlimited |
| Amendment frequency | No limit |
| Amendment initiator | Bill introduced in either House of Parliament |
| Amendment proposer | Minister or private member |
| President's role | Must give assent |
| Amendment types | 3 |
| First type of amendment | Passed by a "simple majority" in each house of the Parliament of India |
| Second type of amendment | Passed by a prescribed "special majority" of each house of Parliament |
| Third type of amendment | Passed by a "special majority" in each house of Parliament and ratified by at least one-half of the State Legislatures |
| Ratification time limit | None |
| Basic structure | Cannot be amended |
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What You'll Learn
The role of the Parliament
The Parliament of India has the power to amend the Constitution, but this power is limited. The Parliament can amend the Constitution any number of times, but only in the manner provided. While there is no limit to the number of amendments that can be made in a year, the Parliament must preserve the basic framework of the Constitution.
Article 368 of the Indian Constitution outlines the power of Parliament to amend the Constitution and its procedures. There are two or three types of amendments, depending on the source. The first type of amendment must be passed by a "simple majority" in each house of the Parliament of India. The second type of amendment must be passed by a prescribed "special majority" of each house of Parliament. The third type of amendment must be passed by a "special majority" in each house of Parliament and ratified by at least half of the State Legislatures.
The Basic Structure Doctrine of the Indian Constitution states that there are certain fundamental structures and founding principles of the Constitution that must be preserved. These include ideologies such as free and fair elections, the federal nature of the nation, judicial review, and separation of power. The Supreme Court has ruled that Parliament cannot amend the 'basic structure' of the Constitution. The constituents of the basic structure are not clearly defined, but they include values enshrined in the preamble, such as secularism, equality, federalism, separation of power, an independent judiciary, and the rule of law.
The process of amending the Constitution begins with the introduction of a bill in either house of Parliament. The bill can be introduced by a minister or a private member and does not require the prior permission of the President. Once the bill is passed in each house by the required majority, it is presented to the President for assent. The President must give assent to the bill, and after this, the bill becomes an Act, and the Constitution is amended accordingly.
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The role of the President
The President of India plays a crucial role in the amendment process of the country's constitution. While the President does not initiate amendments, their assent is required for an amendment bill to become an Act.
Firstly, it is important to note that the President's role in the amendment process is largely ceremonial and prescribed by the Constitution. The President does not have the power to withhold assent or return the bill for reconsideration by Parliament. This means that once the amendment bill has been passed by the required majority in Parliament and, if necessary, ratified by the required number of state legislatures, the President's assent is a formality to finalise the process.
The specific steps involving the President in the amendment process are as follows:
- Initiation of the Amendment Bill: The amendment process begins with the introduction of a bill in either house of Parliament. This can be initiated by a minister or a private member, and it does not require the prior permission of the President.
- Passage of the Bill in Parliament: For the bill to pass in Parliament, it must achieve a special majority, which is more than 50% of the total membership of each house and a two-thirds majority of the members present and voting. In some cases, only a simple majority is required, which is 50% of the members present and voting.
- Ratification by State Legislatures: If the amendment affects certain provisions mentioned in Article 368 or the federal character of the Constitution, it must be ratified by the legislatures of at least half of the states. There is no prescribed time limit for this ratification process.
- Presentation to the President: After the bill has been passed in Parliament and ratified by the required number of state legislatures (if necessary), it is presented to the President for assent.
- Assent by the President: The President gives their assent to the bill, and it becomes an Act (a Constitutional Amendment Act). At this point, the Constitution is officially amended according to the changes specified in the Act.
In summary, while the President's role in amending India's Constitution is essential, it is largely ceremonial and prescribed by the Constitution. The President's assent finalises the amendment process, but they do not have the power to veto or return the bill. This ensures that the President's role maintains the integrity of the amendment process while respecting the will of Parliament and the states.
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The Basic Structure Doctrine
The doctrine has been invoked in several significant cases, including Indira Nehru Gandhi v. Raj Narain and Minerva Mills v. Union of India, where the Supreme Court used it to strike down the 39th Amendment and parts of the 42nd Amendment, respectively, paving the way for the restoration of Indian democracy. The Basic Structure Doctrine also played a crucial role in challenging the imposition of a state of emergency by Indira Gandhi in 1975 and her subsequent attempt to suppress her prosecution through the 39th Amendment.
The power of judicial review has been recognised as an integral part of the Basic Structure Doctrine, and it cannot be taken away by Parliament through constitutional amendments. This power allows the Supreme Court to review and strike down constitutional amendments and acts enacted by Parliament that conflict with or seek to alter the "basic structure" of the Constitution. The doctrine affirms that Parliament can amend the Constitution but cannot destroy its fundamental characteristics.
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The amendment process
The Indian Constitution is the most amended national constitution in the world. As of July 2025, there have been 106 amendments since it was first enacted in 1950. The Constitution can be amended any number of times by the Parliament, but only in the manner provided.
The detailed provisions regarding the amendment process are contained in Article 368 in Part XX of the Indian Constitution. This article outlines the process and scope of amending the Constitution. A bill for the amendment of the Constitution can be introduced only in either house of the Parliament, not in the State Legislatures. The bill can be introduced by a minister or a private member and does not require prior presidential permission.
The first type of amendment must be passed by a "simple majority" in each house of the Parliament of India. The second type of amendment must be passed by a prescribed "special majority" of each house of Parliament. 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.
The Supreme Court has ruled that Parliament has the power to amend any part of the Constitution but it cannot alter the "basic structure of the Constitution". The constituents of the basic structure include values enshrined in the preamble, such as secularism, equality, federalism, separation of power, an independent judiciary, and the rule of law.
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The number of amendments
The Indian Constitution is the most amended national constitution in the world, with 106 amendments since its enactment in 1950. On average, it is amended twice a year.
The Constitution can be amended any number of times by the Parliament, but only in the manner provided. There is no limit to the number of amendments that can be made in a year. However, the Parliament must preserve the basic framework of the Constitution, as ruled by the Supreme Court in 1973. This ruling established the Basic Structure Doctrine, which states that there are fundamental structures and founding principles of the Constitution that must be upheld. These include ideologies such as free and fair elections, the federal nature of the nation, judicial review, and the separation of powers.
There are three types of amendments to the Constitution of India, outlined in Article 368. The first type must be passed by a simple majority in each house of the Parliament of India. The second type must be passed by a prescribed special majority of each house of Parliament. The third type must be passed by a "special majority" in each house of Parliament and ratified by at least one-half of the State Legislatures.
The process of amending the Constitution begins with the introduction of a bill in either house of Parliament. The bill can be introduced by a minister or a private member and does not require the prior permission of the President. After the bill is passed in each house by a special majority, it is presented to the President for assent. The President's assent is required for the bill to become an Act, or a Constitutional Amendment Act.
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Frequently asked questions
The Constitution of India can be amended in three ways: by a special majority of Parliament, by a special majority of Parliament with the ratification of half of the state legislatures, and by a simple majority of Parliament. A bill for the amendment of the Constitution can be introduced in either house of Parliament by a minister or a private member. The bill must be passed in each House by a Special Majority, which is 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 bill then goes to the President for their assent.
Article 368 in Part XX of the Indian Constitution deals with the power of Parliament to amend the Constitution and its procedures. It provides for two types of amendments: by a special majority of Parliament and by a special majority of Parliament along with the ratification of half of the state legislatures by a simple majority.
The Basic Structure Doctrine states that there are certain fundamental structures and founding principles of the Constitution that form its backbone and are essential for its survival. These include free and fair elections, the federal nature of the nation, judicial review, and the separation of powers. The Supreme Court has ruled that Parliament has the power to amend any part of the Constitution but it cannot alter the "basic structure of the Constitution".
