Simone Lawson
The Indian Constitution has been amended a significant number of times since its enactment in 1950. As of 2021, there have been over 100 amendments, with the exact number varying between sources. The amendment process is initiated by introducing a bill in either house of Parliament, which can be proposed by a minister or private member. The bill must then be passed by a special majority in each house separately and ratified by the state legislatures, after which it is presented to the President for assent. This process reflects the desire of the constituent legislative assembly to create a dynamic document that can be adapted as needed. The Indian Constitution's amendment procedure is more flexible than that of the USA but less so than the UK.
| Characteristics | Values |
|---|---|
| Number of Amendments | 90-105 |
| Amendment Procedure | Initiated by introducing a bill in either house of Parliament; passed in each house by a special majority; ratified by the legislatures of half the states (if amending federal provisions); presented to the President for assent |
| Ability to Amend | Parliament can amend most parts of the Constitution, but not the Basic Structure |
| Initiation of Amendments | Power lies with Parliament; exception is that states can request the creation or abolition of legislative councils |
| Timeframe for Ratification | Not prescribed |
| Joint Sitting of Houses | No provision for this in the event of a deadlock |
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What You'll Learn
- The Indian Constitution has been amended 90-105 times since 1950
- Amendments can be initiated by introducing a bill in either house of Parliament
- The bill must be passed in each house by a special majority
- After being passed by both houses, the bill is presented to the President for assent
- Parliament cannot amend provisions that form the Basic Structure of the Constitution
The Indian Constitution has been amended 90-105 times since 1950
The Indian Constitution is the world's longest for a sovereign nation. At its enactment in 1950, it had 395 articles in 22 parts and 8 schedules. With approximately 145,000 words, it is the second-longest active constitution in the world, after the Constitution of Alabama. The Indian Constitution is also the most frequently amended national governing document in the world. It is so detailed in spelling out governmental powers that many matters addressed by statute in other democracies must be addressed via constitutional amendment in India. As a result, the Indian Constitution is amended roughly twice a year.
There are three types of amendments to the Constitution of India. 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 Constitution had 465 articles in March 2013, but this number has grown to 470 articles, grouped into 25 parts, with 12 schedules and five appendices. The latest amendment was given assent on 28 September 2023, and there have been 106 amendments in total as of February 2025.
The amendments have brought significant changes to the course of Indian politics. For example, the 42nd amendment in 1976 added the words "socialist", "secular", and "integrity" to the preamble. The 86th Amendment Act inserted Article 21A, providing for the Right to Education for children aged six to fourteen and Early Childhood Care until the age of six.
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Amendments can be initiated by introducing a bill in either house of Parliament
The Indian Constitution is the world's longest for a sovereign nation. It is also the most frequently amended national governing document in the world. The Constitution has been amended 106 times, with the latest amendment added on 28 September 2023.
Amendments to the Constitution can be initiated by introducing a bill in either house of Parliament. This means that a bill can be introduced in the Lok Sabha or the Rajya Sabha. A bill can be introduced by a Minister or a member other than a Minister. If it is introduced by a Minister, it is called a Government Bill, and if it is introduced by a member other than a Minister, it is called a Private Member's Bill.
The bill must undergo three readings in each House before being submitted to the President for assent. A simple majority (majority of the total membership of the House) and a special majority (majority of two-thirds of the members of the House present and voting) are required in each house for the bill to be passed. After the bill is passed by both Houses of Parliament, it is presented to the President for his assent. The President may assent to the bill, withhold his assent, or return the bill for reconsideration (if it is not a Money Bill). With the President's assent, the bill becomes a Constitutional Amendment Act, and the Constitution is amended accordingly.
It is important to note that the Supreme Court has ruled that an amendment cannot destroy what it seeks to modify. In other words, it cannot tamper with the Constitution's basic structure or framework, which are considered immutable.
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The bill must be passed in each house by a special majority
The Indian Constitution recognises four types of majorities in Parliament: simple, absolute, effective, and special. The type of majority required to pass a bill depends on the nature of the decision being made. While a simple majority is the most frequently used form, certain decisions require a special majority.
A special majority is required when the type of majority is not specified in the Constitution of India. It is also required for crucial matters like constitutional amendments or financial bills. There are four types of special majorities:
- Special Majority as Per Article 249: This type of special majority requires a majority of two-thirds of the members present and voting. It is used to pass the Rajya Sabha resolution, empowering Parliament to make laws on the subjects of the state list.
- Special Majority as Per Article 368: This type of special majority requires a majority of two-thirds of the members present and voting, supported by more than 50% of the total strength of the house. It is used for passing constitutional amendment bills that do not affect federalism, such as removing judges of the Supreme Court or High Court.
- Special Majority as Per Article 368 + 50% State Ratification by a Simple Majority: This type of special majority is necessary when a constitutional amendment bill tries to change the federal structure. It requires a two-thirds majority of the members present and voting, plus ratification by more than 50% of the total strength of the State Legislatures through a simple majority.
- Special Majority as Per Article 61: This type of special majority requires a majority of two-thirds of the total strength of the house. It is used for the impeachment of the Indian President and the removal of the Comptroller and Auditor General of India (CAG) or the Chief Election Commissioner (CEC).
The process of passing a bill in the Indian Parliament involves multiple stages, starting with the proposal of a new law or changes to existing laws by a Member of Parliament (MP). After examination and approval by the relevant ministry, the bill is presented in either the Lok Sabha or the Rajya Sabha, depending on its type. Financial matters bills, for example, must be presented in the Lok Sabha. The first reading introduces the bill, the second reading involves examination and discussion, and the committee stage allows for further amendments. During the third reading, MPs may express their views, but they cannot make changes. Finally, the members of Parliament vote on the bill.
For ordinary bills, a simple majority is required in both houses of Parliament before it is sent to the Indian President for assent. However, in certain cases, a special majority is mandated, as outlined in the four types mentioned earlier.
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After being passed by both houses, the bill is presented to the President for assent
The Indian Constitution is the most amended national constitution in the world, with 106 amendments as of September 2023. The Constitution is amended roughly twice a year, and these amendments have brought significant changes to the course of Indian Polity.
The process of passing a bill in India starts with a proposal for a new law, which is drafted by a Member of Parliament (MP) or suggested as a change to an existing law. The bill then goes through many steps before it becomes an act of Parliament. There are four types of bills: Ordinary Bill (Article 107, 108), Money Bill (Article 110), Financial Bill (Article 117), and Constitutional Amendment Bill (Article 368).
After being passed by both houses, the Lok Sabha and the Rajya Sabha, the bill is presented to the President for assent. The President reviews the bill and can either give assent or withhold it. If the President gives assent, the bill becomes an Act or law. If the President is of the view that a bill violates the Constitution, he can return the bill with his recommendations to pass it under the constituent powers of Parliament following the Article 368 procedure. The President may also withhold assent as per the aid and advice of the Council of Ministers (Article 111 and Article 74) or at his own discretion (known as a pocket veto).
The President's role in the legislative process is crucial, as all decisions of the Union Cabinet must be assented to by the President for issuing a gazette order. The President is also responsible for approving the law after both houses of Parliament pass it.
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Parliament cannot amend provisions that form the Basic Structure of the Constitution
The Indian Constitution grants Parliament the power to make laws within its jurisdiction. This power is not absolute, however, as the Constitution also vests in the judiciary the power to adjudicate upon the constitutional validity of all laws. The Basic Structure Doctrine, established by the Indian judiciary in the 1973 Kesavananda Bharati case, holds that certain fundamental features of the Indian Constitution cannot be amended by Parliament, even under Article 368. The doctrine safeguards against arbitrary amendments, protecting foundational values and ensuring the Constitution's stability.
Article 368 of the Constitution gives the impression that Parliament's amending powers are absolute and encompass all parts of the document. However, the Supreme Court has acted as a check on Parliament's legislative enthusiasm since India's independence. The Basic Structure Doctrine has been criticised for its vague definition, allowing judicial overreach, undermining parliamentary sovereignty, and creating uncertainty in constitutional amendments. Nevertheless, it has been recognised as an important limitation on Parliament's power to amend the Constitution.
The Basic Structure Doctrine holds that Parliament can amend the Constitution but not rewrite it. The power to amend is not a power to destroy. This doctrine is based on the idea that the judiciary can strike down any amendment passed by Parliament that is in conflict with the basic structure of the Constitution. The specific elements of the Basic Structure Doctrine evolve, but commonly accepted ones include the supremacy of the Constitution, the rule of law, separation of powers, judicial review, federalism, and secularism.
The concept of the Basic Structure Doctrine evolved over time through various landmark cases. In the 1967 Golaknath case, the Supreme Court limited Parliament's authority to amend Fundamental Rights. In response, Parliament enacted the Constitution (Twenty-fourth Amendment) Act in 1971, which brought Fundamental Rights under Parliament's amending power. However, in the 1973 Kesavananda Bharati case, the Supreme Court upheld Parliament's power to amend all parts of the Constitution, including Fundamental Rights, but also established the doctrine that Parliament could not amend the basic structure of the Constitution. This was further affirmed in the 1980 Minerva Mills vs Union of India case, where the Supreme Court invalidated parts of the 42nd Amendment, declaring that Parliament could not take away the power of 'judicial review' as it is part of the 'Basic Structure'.
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Frequently asked questions
As of October 2021, the Indian Constitution has been amended 105 times since it was first enacted in 1950.
The process of amending the Indian Constitution is called a Constitutional Amendment. Amendments can be initiated by introducing a bill in either house of Parliament, which must then be passed by a special majority in each house separately. If the bill seeks to amend federal provisions, it must also be ratified by the legislatures of half of the states by a simple majority. After passage by both houses, the bill is presented to the President for assent.
Some examples of amendments to the Indian Constitution include the Eighty-sixth Amendment, which provides for the Right to Education for children aged six to fourteen years and Early Childhood Care until the age of six. Another example is the insertion of Article 21(A), which provides for the Right to Education for free and compulsory education for all.
Under Article 368 of the Indian Constitution, the power to amend the Constitution lies with the Parliament. However, the Parliament cannot amend provisions that form the Basic Structure of the Constitution, as ruled by the Supreme Court in the Kesavananda Bharati case (1973).
