Eleanor Finch
The Indian Constitution is the most amended national constitution in the world, with 106 amendments since 1950. The Constitution can be amended in three ways. The first method requires a “simple majority” in each house of the Parliament of India. The second method requires a “special majority” of each house of Parliament, which is more than 50% of the total membership of each house and two-thirds of the members of each house present and voting. The third method requires the same special majority as the second method, but also needs to be ratified by at least half of the State Legislatures.
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What You'll Learn
Amendments by a special majority of Parliament
The Constitution of India is the nation's supreme law and should be responsive to changing needs and situations. As such, it is a living document capable of adapting to changing circumstances while upholding its fundamental principles and values.
Article 368 of the Indian Constitution provides for two types of amendments by a special majority of Parliament. The first type of amendment must be passed by a special majority in each house of Parliament, and the second 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 by a simple majority.
A bill for the amendment of the Constitution can be introduced in either house of Parliament (Lok Sabha and Rajya Sabha) by a minister or private member and does not require prior presidential permission. 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. Each House must pass the bill separately.
If the bill seeks to amend the federal provisions of the Constitution, it must be ratified by the legislatures of half of the states by a simple majority, which is a majority of the members of the House present and voting. The Constitution does not prescribe any time limit for states to give their consent. Once passed by both Houses of Parliament and ratified by the state legislatures, the bill is presented to the President for assent. The President must give assent to the bill, after which it becomes an Act (a Constitutional Amendment Act), and the Constitution is amended according to the Act's terms.
The provisions of the Constitution that can be amended by a special majority of Parliament include those related to the federal structure of the Indian polity, such as the election of the President and the extent of executive power of the Union and the states. Other provisions include those related to the Supreme Court and High Courts, the Seventh Schedule, representation of states in Parliament, and the power of Parliament to amend the Constitution and its procedure (Article 368 itself).
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Amendments by a special majority of Parliament and ratification of half of the state legislatures by a simple majority
The Constitution of India is the country's supreme law and should be responsive to evolving political, social, and economic needs. As of July 2025, it has been amended 106 times since its enactment in 1950, making it the most amended national constitution in the world.
Article 368 of the Indian Constitution provides for two types of amendments: by a special majority of Parliament, and by a special majority of Parliament with the ratification of half of the state legislatures by a simple majority. The article accommodates the requirement for the constitution to be a living document capable of adapting to changing circumstances while upholding its fundamental principles and values.
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 the prior permission of the President. 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. Each House must pass the bill separately, and there is no provision for a joint sitting in case of a disagreement between the two Houses.
If the bill seeks to amend the federal provisions of the Constitution, it must be ratified by the legislatures of half of the states by a simple majority, which is a majority of the members of the House present and voting. It should be noted that these amendments fall outside the scope of Article 368. There is no prescribed time limit for states to give their consent, and the moment half of the states give their consent, the bill is passed.
Some examples of provisions that can be amended by a special majority of Parliament with the ratification of half of the state legislatures by a simple majority include those related to the federal structure of the polity, such as the election of the President and its manner, the extent of executive power of the Union and the states, and provisions related to the Supreme Court and High Courts.
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Amendments by a simple majority of Parliament
The Indian Constitution is the most amended national constitution in the world, with 106 amendments since its enactment in 1950. The Constitution can be amended in three ways, and the first type of amendment must be passed by a "simple majority" in each house of the Parliament of India.
A simple majority requires 50% of members present and voting. A bill for the amendment of the Constitution can be introduced in either house of Parliament, by a minister or private member, and does not require the prior permission of the President. If the bill seeks to amend federal provisions, it must be ratified by the legislatures of half of the states by a simple majority. The bill is then presented to the President for assent, which cannot be withheld. After the President's assent, the bill becomes a Constitutional Amendment Act, and the Constitution is amended.
Examples of provisions that can be amended by a simple majority include the abolition or creation of Legislative Councils in states, admission or establishment of new states, and the formation of new states with alterations to areas, boundaries, or names of existing states.
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Amendments to the federal structure of the polity
The Constitution of India is the supreme law of the land and must be responsive to changing needs and situations. As such, it is the most amended national constitution in the world, with 106 amendments since its enactment in 1950.
Article 368 outlines the power of Parliament to amend the Constitution and the procedure to be followed. A bill for the amendment of the Constitution can be introduced in either house of Parliament, by a minister or private member, and does not require the President's prior permission. Each House must pass the bill separately by a "special majority", which is a majority of more than 50% of the total membership of the House and two-thirds of the members present and voting.
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. This means that a majority of the members of the House present and voting must approve the bill. It is important to note that there is no prescribed time limit for the states to give their consent. Once passed by both Houses of Parliament and ratified by the necessary state legislatures, the bill is presented to the President for assent, after which it becomes an Act, and the Constitution is amended accordingly.
The 42nd Amendment to the Constitution of India is a notable example of an amendment that impacted the federal structure of the polity. This amendment transferred power from state governments to the central government, eroding India's federal structure. It also gave Parliament unrestrained power to amend any part of the Constitution without judicial review.
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Amendments to fundamental rights
The Constitution of India is the most amended national constitution in the world, with 106 amendments since 1950. There are three types of amendments, with the second and third types governed by Article 368. The first type of amendment must be passed by a "simple majority" in each house of the Parliament of India.
The Fundamental Rights are defined as basic human freedoms that every Indian citizen has the right to enjoy for a proper and harmonious development of their personality and life. These rights are universal and enforceable by the courts, subject to certain restrictions. They are aimed at overturning the inequalities of pre-independence social practices, abolishing untouchability, prohibiting discrimination on various grounds, and protecting cultural and educational rights.
The Constitution (First Amendment) Act, 1951, made several changes to the Fundamental Rights Part of the Indian Constitution. It amended Article 19(1)(a) to counteract the "abuse of freedom of speech and expression." This followed criticism of the government's response to issues like the West Bengal refugee crisis and extrajudicial killings in Madras. The Constitution (Sixteenth Amendment) Act, 1963, amended clauses (2), (3), and (4) of Article 19.
In the case of Kesavananda Bharati v. State of Kerala (1973), the Supreme Court held that Fundamental Rights can be amended by Parliament, but such amendments should not contravene the basic structure of the Constitution. The Basic Structure of the Indian Constitution refers to a set of core principles deemed essential and unalterable through amendments by Parliament.
The Right to Property was removed as a Fundamental Right through the 44th Constitutional Amendment in 1978. In 2002, the 86th Constitutional Amendment added the right to education at the elementary level as a Fundamental Right under Article 21A. This amendment broadened the scope of Article 21 to include rights to livelihood, good health, a clean environment, water, a speedy trial, and humanitarian treatment while imprisoned.
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Frequently asked questions
There are three ways to amend the Indian Constitution.
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.
Article 368 is the specific provision in the Indian Constitution dealing with the power and procedure for the amendment of the Constitution.
