Constitutional Amendments: India's Voting Power

The Indian Constitution is the most frequently amended national constitution in the world, with over 100 amendments since its enactment in 1950. The process of amending the constitution is outlined in Article 368, which specifies two types of amendments. The first type requires a special majority in both houses of Parliament (Lok Sabha and Rajya Sabha), meaning more than 50% of the total membership and two-thirds of members present and voting. The second type of amendment requires the same special majority in Parliament, as well as ratification by half of the total states. While the Indian Constitution provides a unique amendment process, it is essential to safeguard against excessive power of the legislative or executive to protect the country's democratic fabric.

Explore related products

A Real Right to Vote: How a Constitutional Amendment Can Safeguard American Democracy

$11.99 $27.95

The Constitution of the United States and The Declaration of Independence

$1.99 $6.95

Votes for Women: The 19th Amendment in Nebraska

$11.95 $15.95

Amendment XV: Race and the Right to Vote (Constitutional Amendments)

$43.2

Founding Sisters and the Nineteenth Amendment (Turning Points in History, 7)

$9.73 $12.95

The Reconstruction Amendments: The Essential Documents, Volume 1

$101.99 $188

Amendments require a special majority in both houses of Parliament

The Indian Constitution is the most frequently amended national constitution in the world, with over 100 amendments since 1950. This is partly because the Constitution is so specific in outlining government powers that amendments are often required to address matters that would be dealt with by statute in other countries.

Amending the Constitution of India requires a special majority in both houses of Parliament (Lok Sabha and Rajya Sabha). This means that more than 50% of the total membership of each House must vote in favour, with at least two-thirds of members present and voting. Each House must pass the bill separately, and there is no joint sitting allowed in the case of a disagreement between the two Houses.

The special majority requirement is outlined in Article 368 of the Indian Constitution, which mentions two types of amendments. The first type requires a special majority in Parliament, while the second type requires a special majority in Parliament with ratification by half of the total states.

After being passed by both Houses of Parliament, the bill is presented to the President for assent. The President must give assent, and cannot withhold or reconsider the bill. Once the President's assent is received, the bill becomes an Act, and the Constitution is amended in accordance with its terms.

It is important to note that while the Indian Constitution can be amended by a special majority, certain provisions, such as the ''basic structure' of the Constitution, cannot be altered. This includes the secular character of the Constitution and the separation of powers between the legislature, executive, and judiciary.

The President must give assent to the bill

The President of India must give assent to a bill that has been passed by both Houses of Parliament and ratified by the state legislatures, where necessary. This is the final step in the process of passing a constitutional amendment. The President cannot withhold assent or return the bill to Parliament for reconsideration. Once the President has given assent, the bill becomes an Act, and the Constitution is amended in accordance with the Act's terms.

The President's role in constitutional amendments is limited to assenting to the bill. The President does not have a role in the initiation or passage of the bill through both Houses of Parliament. The bill can be introduced by a minister or a private member and does not require prior permission from the President.

The Indian Constitution provides for a distinctive amendment process compared to other nations. There are three types of amendments. The first type must be passed by a simple majority in each House of Parliament. The second type requires a "special majority" in each House, which means more than 50% of the total membership of the House and two-thirds of the members present and voting. The third type of amendment must be passed by a special majority in each House and ratified by half of the total states.

The requirement for a super majority in the Constitution has not prevented it from being one of the most frequently amended governing documents in the world. This is partly because the Constitution is very detailed in spelling out government powers, so amendments are often needed to address matters that could be dealt with by statute in other countries.

The President's role in assenting to constitutional amendments is a key part of the process. It ensures that any amendment has gone through the necessary steps and has the required support of Parliament and the states, where relevant.

Amendments can be initiated by a minister or private member

The Constitution of India is the most frequently amended governing document in the world, with amendments averaging about twice a year. This is partly because the Constitution is so detailed in spelling out government powers that amendments are often required to address matters that, in other democracies, would be handled by ordinary statutes.

Amendments to the Constitution can be initiated by the introduction of a bill in either house of Parliament (Lok Sabha and Rajya Sabha) and not in the state legislatures. The bill can be introduced either by a minister or by a private member, and it does not require prior permission from the President. This is known as a Government Bill or a Private Member's Bill, respectively.

The bill must then be passed in each house by a special majority, meaning 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. Each house must pass the bill separately, and in the event of a disagreement between the two houses, there is no provision for a joint sitting.

If the bill seeks to amend the federal provisions of the Constitution, it must also be ratified by the legislatures of half of the states by a simple majority. After the bill has been passed by both houses of Parliament and ratified by the state legislatures, where necessary, it is presented to the President for assent. The President must give their assent to the bill and cannot withhold it or return it for reconsideration.

Once the President has given their assent, the bill becomes a constitutional amendment act, and the Constitution is amended in accordance with the terms of the Act.

Explore related products

The Right to Vote: Politics and the Passage of the Fifteenth Amendment (The Johns Hopkins University Studies in Historical and Political Science)

$32

Amendment XV: Race and the Right to Vote (Constitutional Amendments: Beyond the Bill of Rights)

$29.7

U.S. Constitution: a QuickStudy Laminated Reference Guide

$6.46

Amendment XIX: Granting Women the Right to Vote (Constitutional Amendments: Beyond the Bill of Rights)

$30.31

The Power of the Black Vote: and Government Tactics to Block It

$2.99 $16.99

Votes of Confidence, 2nd Edition: A Young Person's Guide to American Elections

$4.66 $14.99

Amendments can curtail Fundamental Rights

The Constitution of India came into force, granting seven fundamental rights to its citizens. However, the Right to Property was removed as a Fundamental Right through the 44th Constitutional Amendment in 1978. The Right to Education Act was added in 2009, guaranteeing free education to children between the ages of 6 and 14. While fundamental rights are essential for protecting individuals' freedoms and ensuring their well-being, they are not absolute and can be amended through constitutional amendments.

The Indian Constitution is the most frequently amended governing document in the world, with an average of two amendments per year. Amendments can be made to the Constitution by introducing a bill in either the Lok Sabha or Rajya Sabha, with the support of a special majority of members present and voting, known as a "super majority". This majority requirement ensures that any changes to the Constitution reflect the will of a significant portion of the legislative body.

However, the process of amending the Constitution has been criticised for potentially curtailing fundamental rights. This is achieved by inserting laws that contradict fundamental rights provisions into Schedule 9 of the Constitution, which protects these laws from judicial review. Areas of restriction include property rights and affirmative action in favour of minority groups. While the Supreme Court has ruled that Parliament cannot alter the basic structure of the Constitution, the term "basic structure" remains undefined, leaving room for interpretation in future cases.

To address this concern, the Supreme Court of India issued a landmark ruling in 2007, stating that all laws, including those in Schedule 9, would be subject to judicial review if they violate the "basic structure of the Constitution". This ruling reinforces the idea that while fundamental rights can be amended, such amendments must not compromise the core principles enshrined in the Constitution.

In conclusion, while the Indian Constitution allows for amendments to its provisions, including fundamental rights, it is essential to recognise that these amendments must not infringe upon the basic structure of the Constitution or violate the fundamental freedoms and protections it guarantees to its citizens. The dynamic nature of the Constitution, with its frequent amendments, highlights the importance of maintaining a delicate balance between adaptability and the preservation of fundamental rights.

Amendments are frequent, with India's constitution being the most amended in the world

India's constitution is the most amended in the world. Since its enactment in 1950, there have been over 100 amendments, averaging about two amendments per year.

The Indian Constitution is highly detailed in spelling out governmental powers, and as a result, many matters that would be addressed by statute in other democracies must be addressed via constitutional amendment in India. This specificity necessitates frequent amendments to adapt to changing conditions and address issues that would be handled by ordinary statutes in other countries.

The amendment process in India is also distinctive compared to other nations. The Parliament of India, elected by a plurality voting system, can win two-thirds of the seats without securing two-thirds of the vote. This enables a single party to dominate the legislative process and facilitate amendments that align with their party measures.

There are three types of amendments outlined in Article 368 of the Indian Constitution. The first type must be passed by a "simple majority" in each house of Parliament. The second type requires a prescribed "special majority" in each house, meaning more than 50% of the total membership and two-thirds of the members present and voting. The third type of amendment needs the same "special majority" but also requires ratification by at least half of the State Legislatures.

The amendment process in India has been a source of contention between the Supreme Court and Parliament, with the former seeking to restrict the power of the latter to amend the Constitution. Despite this, India's constitution remains the most frequently amended in the world, reflecting the country's unique political landscape and the need to adapt to evolving circumstances.

Frequently asked questions