Constitutional Amendments: India's Supreme Law?

The Indian Constitution, as the supreme law of the land, is a living document capable of adapting to changing circumstances while upholding its fundamental principles and values. The process of making changes to this fundamental law is called a Constitutional Amendment, and it is governed by Article 368 of the Indian Constitution, which provides for three types of amendments. The first type of amendment must be passed by a simple majority in each house of the Parliament of India, while the second type requires a special majority of each house of Parliament. The third type of amendment necessitates a special majority in each house of Parliament, along with ratification by at least half of the State Legislatures. This amendment procedure reflects the desire of the constituent assembly to create a dynamic document that can accommodate evolving political, social, and economic needs.

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The Indian Constitution is the most amended national constitution in the world

The Indian Constitution is a living document that can be adapted to changing circumstances while upholding its fundamental principles and values. It is the supreme legal document of India, and the longest written national constitution in the world. The Constitution of India vests constituent power upon the Parliament, and as of July 2025, there have been 106 amendments to it since its enactment in 1950. This makes it the most amended national constitution in the world.

The Constitution 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. This has resulted in the Constitution being amended roughly twice a year. There are three types of amendments to the Constitution of India, 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 "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 procedure for the amendment of the Constitution of India is laid down in Part XX (Article 368) of the Constitution. This procedure ensures the sanctity of the Constitution and keeps a check on the arbitrary power of Parliament. The process of amending the Constitution refers to the process of making changes such as the addition, variation, or repeal of any provision of the Constitution in accordance with the procedure laid down for the purpose.

The Constitution of India, as the supreme law of the land, should be responsive to changing needs and situations. The provision for amendment under Article 368 accommodates this requirement. The purpose of Constitutional Amendments is to ensure that the Constitution remains a living document capable of adapting to evolving political, social, and economic needs, ensuring the Constitution remains dynamic and relevant.

Amendments are made to address evolving political, social, and economic needs

The Constitution of India is the country's supreme law, and it is designed to be responsive to evolving political, social, and economic needs. The process of amending the Constitution involves making changes to this fundamental law.

The Constitution of India is the most amended national constitution in the world, with 106 amendments since its enactment in 1950. This is partly because the Constitution is highly detailed, requiring amendments to address matters that would be addressed by statute in other democracies.

The framers of the Constitution intended for it to be a flexible document, adopting a combination of the "theory of fundamental law" from the United States and the "theory of parliamentary sovereignty" from the United Kingdom. This combination allows for the amendment of the Constitution while also keeping a check on the arbitrary power of Parliament.

The process of amending the Constitution is outlined in Article 368 of the Constitution, which provides for two or three types of amendments:

• By a Special Majority of Parliament (more than 50% of the total membership of the House and two-thirds of the members present and voting).
• By a Special Majority of Parliament plus ratification by a Simple Majority of at least half of the state legislatures.
• Some sources also mention a third type: by a Simple Majority of Parliament (more than 50% of members present and voting), though these amendments are not deemed to be amendments for the purpose of Article 368.

The process of amending the Constitution involves introducing a bill in either house of Parliament, which can be done by a minister or a private member without the President's prior permission. After the bill is passed by a Special Majority in each House, it requires the President's assent to become a Constitutional Amendment Act.

The amendments to the Constitution of India are made to address evolving political, social, and economic needs, ensuring that the Constitution remains dynamic, relevant, and capable of adapting to changing circumstances.

Amendments are formulated as statutes

The process of amending the Constitution of India involves making changes to the nation's fundamental or supreme law. Every constitutional amendment in India is formulated as a statute. The first amendment is called the "Constitution (First Amendment) Act", the second, the "Constitution (Second Amendment) Act", and so on. Each typically has the long title "An Act further to amend the Constitution of India".

The Indian Constitution is the most amended national constitution in the world. It is amended roughly twice a year, with 106 amendments since its enactment in 1950. The Constitution is detailed, spelling out governmental powers that would be addressed by statute in other democracies. This means that many matters that would be addressed by statute elsewhere must be addressed via constitutional amendment in India.

The procedure for constitutional amendments in India is laid down in Part XX (Article 368) of the Constitution. This procedure ensures the sanctity of the Constitution and prevents the arbitrary use of power by Parliament. The process of making changes to the Constitution is called a Constitutional Amendment. It is neither as flexible as Britain's nor as rigid as the USA's, but a synthesis of both.

The process of amending the Constitution is as follows: 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 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. If there is a disagreement between the two Houses, there is no joint sitting for deliberation and passage of the bill. After the President's assent, the bill becomes a Constitutional Amendment Act, and the Constitution is amended according to the terms of the Act.

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Amendments are made by a simple or special majority in Parliament

The Indian Constitution is the most frequently amended national constitution in the world. It is a living document that can be adapted to changing circumstances while upholding its fundamental principles and values. Amendments to the Constitution of India are made by Parliament and can be categorised into three types, 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 Parliament. A simple majority requires 50% of members present and voting. These amendments are not deemed to be amendments for the purpose of Article 368, which is the specific provision in the Constitution dealing with the power and procedure for amendment of the Constitution.

The second type of amendment must be passed by a prescribed special majority of each house of Parliament. A special majority requires more than 50% of the total membership of the House and a majority of two-thirds of the members of that House present and voting.

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 procedure for the amendment of the Constitution of India is laid down in Part XX (Article 368) of the Constitution. This procedure ensures the sanctity of the Constitution and keeps a check on the arbitrary power of Parliament. A bill for the amendment of the Constitution can be introduced in either house of Parliament, not in the State Legislatures, and does not require prior presidential permission. Each House must pass the bill separately, and there is no joint sitting of the two Houses in the case of a disagreement. Once the bill is passed by each House, it is presented to the President for assent, and upon such assent, the Constitution stands amended.

The President must also assent for an amendment to become an Act

The President's role in the constitutional amendment process in India is crucial. After a bill is passed by both Houses of Parliament, it is presented to the President for assent. The President's assent is mandatory for the bill to become an Act, as per Article 111 (previously Draft Article 91) of the Indian Constitution. This article regulates the President's role in the process.

The President can initially return the bill to Parliament for reconsideration, with a message requesting that they consider any amendments that the President may recommend. This process must occur within six weeks, and the bill must not be a Money Bill. If the bill is returned to the President after being passed again, with or without amendments, the President cannot withhold assent, and the bill becomes an Act.

In the case of constitutional amendment bills, the President's role is significant. The President must give assent to these bills, and this is a mandatory step in the process. If a constitutional amendment bill violates the basic structure of the Constitution, the Supreme Court will quash it. However, if the President is believed to be acting in violation of the Constitution, impeachment proceedings can be initiated by Parliament.

The President's role in the constitutional amendment process in India is, therefore, an important check and balance in the system. It allows for a review of the bill and ensures that the final Act aligns with the President's recommendations. This process helps maintain the integrity of the Constitution and ensures that any amendments made are thoroughly considered and approved by the nation's highest office.

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