Omar Bennett
The Indian Constitution is the most amended national constitution in the world, with 106 amendments since 1950. This is due to its flexibility and rigid nature, and the fact that it is designed to be a living document capable of adapting to changing circumstances. The process of amending the Constitution of India is laid out in Article 368, which grants Parliament the power to amend the Constitution. There are three types of amendments, the first of which must be passed by a simple majority in each house of Parliament. The second type of amendment must be passed by a prescribed special majority in each house of Parliament, while the third type must be passed by a special majority in each house and ratified by at least half of the state legislatures.
| Characteristics | Values |
|---|---|
| Number of amendments since 1950 | 106 |
| Frequency of amendments | Twice a year |
| Number of types of amendments | 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 |
| Initiation of amendment | Introduction of a bill in the Lok Sabha only |
| Ratification for federal amendments | Requires ratification by the legislature of all the States of India |
| Ratification time limit | None, but must be ratified before the amending bill is presented to the President |
| Amendment of Article 368 | Allowed, but not deemed an amendment of the Constitution |
| Amendment of Basic Structure | Not allowed |
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What You'll Learn
Amendments by a simple majority
The Indian Constitution is the most frequently amended national constitution in the world, with over 100 amendments since 1950. This is 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, the second and third types of which 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. A simple majority means 50% of members present and voting. These amendments fall outside the scope of Article 368. Examples of provisions that can be amended by simple majority include the abolition or creation of Legislative Councils in states, and the admission or establishment of new states.
A bill for the amendment of the Constitution can be introduced in either house of Parliament (Lok Sabha and Rajya Sabha), and does not require prior permission from the President. Each House must pass the bill separately. In the case of a disagreement between the two Houses, there is no provision for a joint sitting. If the amendment seeks to make any change to the provisions mentioned in Article 368, it must be ratified by the Legislatures of at least half of the States. There is no prescribed time limit for ratification, but it must be completed before the amending bill is presented to the President for their assent.
After the President's assent, the bill becomes an Act (a Constitutional Amendment Act), and the Constitution is amended in accordance with the terms of the Act.
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Amendments by a special majority
The Constitution of India is the most amended national constitution in the world, with amendments made roughly twice a year. This is 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 second type of amendment must be passed by a prescribed "special majority" in each house of Parliament. This is also known as a "special majority of the Parliament".
A bill for the amendment of the Constitution can be introduced in either house of Parliament (Lok Sabha and Rajya Sabha), but not in the state legislatures. The bill can be introduced by a minister or a private member and does not require prior permission from 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 majority of two-thirds of the members of the House present and voting. Each House must pass the bill separately.
If the amendment seeks to make any change to the provisions mentioned in Article 368, it must be ratified by the Legislatures of at least half of the States. This is known as a "special majority of the Parliament plus ratification of half of the state legislatures". Although there is no prescribed time limit for ratification, it must be completed before the amending bill is presented to the President for their assent.
After the President's assent, the bill becomes an Act (a constitutional amendment act), and the Constitution stands amended in accordance with the terms of the Act.
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Amendments by a special majority with state ratification
The Indian Constitution is the most frequently amended national constitution in the world, with amendments made roughly twice a year. This is 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 second type of amendment must be passed by a prescribed "special majority" of each house of Parliament, and 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.
A bill for the amendment of the Constitution can be introduced in either house of Parliament (Lok Sabha and Rajya Sabha), but not in the State Legislatures. The bill can be introduced by a minister or a private member and does not require prior permission from the President. The bill must be passed in each House by a Special Majority, meaning 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. Each House must pass the bill separately.
If the amendment 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, meaning a majority of the members of the House present and voting. There is no prescribed time limit for ratification, but it must be completed before the amending bill is presented to the President for their assent. After the President's assent, the bill becomes a Constitutional Amendment Act, and the Constitution is amended in accordance with the terms of the Act.
It is important to note that the Parliament cannot amend those provisions that form the 'Basic Structure' of the Constitution, as ruled by the Supreme Court in the Kesavananda Bharati case (1973). The 'Basic Structure' includes the welfare state (socio-economic justice) and the sovereign, democratic, and republican nature of the Indian polity.
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Initiating an amendment
The Indian Constitution is the most frequently amended national constitution in the world, with amendments made roughly twice a year. This is 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.
The process of initiating an amendment to the Constitution of India is as follows:
Firstly, a bill for the amendment must be introduced in either house of Parliament (Lok Sabha or Rajya Sabha), and not in the state legislatures. The bill can be introduced by a minister or a private member, and it does not require prior permission from the President.
Secondly, the bill must be passed in each House by a special majority, which is 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. Each House must pass the bill separately.
Thirdly, if the amendment seeks to make changes to the federal provisions of the Constitution, it must be ratified by the legislatures of at least half of the states by a simple majority. This means a majority of the members of the House present and voting. There is no prescribed time limit for ratification, but it must be completed before the amending bill is presented to the President for their assent.
Finally, the bill is presented to the President, who gives their assent. After the President's assent, the bill becomes a Constitutional Amendment Act, and the Constitution is amended in accordance with the terms of the Act.
It is important to note that there are three types of amendments, 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. The second type of amendment must be passed by a prescribed "
The Parliament cannot amend provisions that form the 'Basic Structure' of the Constitution, as ruled by the Supreme Court in 1973. The 'Basic Structure' includes the welfare state (socio-economic justice) and the sovereign, democratic, and republican nature of the Indian polity.
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The purpose of amendments
The framers of the Constitution of India adopted a combination of the "theory of fundamental law", which underlies the written Constitution of the United States, with the theory of parliamentary sovereignty as existing in the United Kingdom. This means that the Indian Constitution is intended to be a living document, capable of responding to changing needs and situations.
The process of amending the Constitution is designed to reflect this desire for a dynamic document. Amendments can be initiated by the introduction of a bill in either House of Parliament (Lok Sabha & Rajya Sabha) and do not require prior permission from the President. The bill must then be passed by a special majority in each House of Parliament, which means 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.
If the amendment seeks to make changes to the federal provisions of the Constitution, it must also be ratified by the legislatures of at least half of the states by a simple majority. This type of amendment is known as a "special majority". The other type of amendment is passed by a prescribed special majority in each house of Parliament. There is also a third, less common type of amendment that is passed by a simple majority in each house of Parliament.
The flexibility of the Indian Constitution is further demonstrated by the fact that it can be amended in three ways, accommodating the need for change while upholding the fundamental principles outlined in the document.
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Frequently asked questions
The process of making changes to the nation's fundamental law, i.e., the Constitution, is called a Constitutional Amendment. An amendment to the Constitution of India can be initiated by introducing a bill in the Lok Sabha or either house of Parliament (not in the state legislatures). The bill can be introduced by a minister or a private member and does not require the President's prior permission.
There are three types of amendments to the Constitution of India. 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" 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.
A simple majority means 50% of members present and voting. A special majority means 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.
Article 368 of the Indian Constitution grants Parliament the power 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 plus ratification of half of the states by a simple majority.
No, the Parliament cannot amend those provisions that form the 'basic structure' of the Constitution. The Supreme Court has ruled that the 'basic structure' cannot be amended.
