Eleanor Finch
Amendments to the Indian Constitution are official changes or additions to the nation's fundamental law, allowing the government to introduce or revise its fundamental laws to account for new values, rights, or needs in terms of politics. The Indian Constitution is the most amended national constitution in the world, with over 100 amendments since its enactment in 1950. The Constitution's detailed outline of governmental powers means that amendments are often required to address matters that would be dealt with by statute in other democracies. There are three types of amendments: a simple majority in Parliament, a special majority in Parliament, and a special majority in Parliament with ratification by half of the state legislatures.
| Characteristics | Values |
|---|---|
| Number of Amendments | 106 as of July 2025 |
| Frequency of Amendments | Twice a year |
| Nature of Amendments | Sovereign, democratic, and republican |
| Flexibility | Flexible to adapt to changing conditions |
| Purpose | Adjust to social, political, or economic changes |
| Types of Amendments | Three types: simple majority, special majority, and special majority with state ratification |
| Amendment Process | Laid down in Part XX (Article 368) of the Constitution |
| Federal Provisions | Ratified by legislatures of half the states by a simple majority |
| Fundamental Rights | Can be amended without affecting the 'basic structure' |
| Legislative Power | Amendments passed by Parliament's normal legislative power |
| Secular Character | Secular constitution |
| Separation of Powers | Separation of powers between legislature, executive, and judiciary |
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What You'll Learn
Why amendments are necessary
Amendments to the Indian Constitution are necessary to ensure the nation's laws remain adaptable and flexible to social, political, and economic changes. With over 117,000 words, the Indian Constitution is highly detailed in outlining governmental powers, and as a result, frequent amendments are required to address matters that, in other democracies, would be dealt with through ordinary statutes.
The process of amending the Indian Constitution involves changing or adding to the nation's fundamental or supreme law. This allows the government to introduce or revise its fundamental laws to account for new values, rights, and political needs. Amendments are a way to ensure the Indian Constitution remains a living document that reflects the will of the people and adapts to changing conditions.
The framers of the Constitution intentionally designed an amendment process that was a mixture of the "theory of fundamental law" from the United States and "theory of parliamentary sovereignty" from the United Kingdom. This process, outlined in Article 368, allows for flexibility while safeguarding the Constitution's core values and limiting arbitrary power. There are three types of amendments: the first requires a simple majority in each house of Parliament; the second, a prescribed "special majority" in each house; and the third, a special majority with ratification by at least half of the State Legislatures.
The need for amendments also arises from the Indian Parliament's electoral system, which uses single-seat districts and a plurality voting system. This system can result in a party winning two-thirds of the seats with less than half of the national vote, as happened with the Indian National Congress party in the first two Lok Sabha elections.
Overall, the amendment process in India is designed to balance flexibility and safeguarding core values, allowing the Constitution to evolve alongside the nation's democratic and federalist ideals.
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Types of amendments
The Indian Constitution is the most frequently amended national constitution in the world, with 106 amendments since its enactment in 1950. The Constitution is amended roughly twice a year, addressing evolving political, social, and economic needs.
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. This type of amendment is similar to the ordinary legislative process, with a majority of the members of each House present and voting.
The second type of amendment must be passed by a prescribed "special majority" of each house of Parliament. This is defined as 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.
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. This type of amendment does not require the consent of all the states, but only half of the states, and there is no time limit for obtaining this consent.
It is important to note that the amendments under Article 368 do not affect the 'basic structure' of the Constitution. The Supreme Court has not yet defined what constitutes the 'basic structure', but it refers to a set of core principles deemed essential and established by the Court in the Kesavananda Bharati case (1973).
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The amendment process
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 detailed in outlining governmental powers that amendments are often required to address matters that would be dealt with by statute in other democracies.
The first type of amendment must be passed by a simple majority in each house of the Parliament of India. This is a majority of more than 50% of the members who are present and voting.
The second type of amendment must be passed by a prescribed "special majority" in each house of Parliament. This type of amendment is used for changes to federal provisions, such as the election of the President, the powers of the executive, and the Supreme Court and high courts. It requires ratification by at least half of the state legislatures, by a simple majority. There is no time limit for the states to give their consent, and the bill will pass once half of the states have approved it.
The third type of amendment is not explicitly mentioned in Article 368 but has been inferred from other articles. It involves amendments to fundamental rights and the "basic structure" of the Constitution. These amendments must be passed by a special majority in each house of Parliament and cannot "take away or abridge" the Fundamental Rights provisions.
Once an amendment bill has been passed by the required majority in both houses of Parliament and ratified by the necessary state legislatures, it is presented to the President for assent. The President must give assent to the bill, and it then becomes a Constitutional Amendment Act.
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The impact of amendments
As of July 2025, there have been 106 amendments to the Indian Constitution since its enactment in 1950, making it the most amended national constitution in the world. The constitution is amended roughly twice a year, due to the level of detail with which governmental powers are outlined.
There are three types of amendments to the Indian Constitution. The first type must be passed by a simple majority in each house of the Parliament of India. This is similar to the ordinary legislative process, where a majority of members of each house are present and voting.
The second type of amendment requires a prescribed "special majority" of each house of Parliament. This type of amendment can be used to address matters concerning the federal structure of the polity. If half of the state legislatures give their consent, the formality is complete, regardless of the actions of the remaining states. There is no time limit for states to give their consent.
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. After this, the bill is presented to the president for assent, which must be given. Once the president's assent is received, the bill becomes an Act, and the Constitution is amended accordingly.
The Indian Parliament can amend any part of the Constitution, including Fundamental Rights, but not the 'basic structure' of the Constitution. However, the Supreme Court is yet to define what constitutes the 'basic structure'.
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Amendments vs. the 'basic structure' of the constitution
The Constitution of India is the most frequently amended national constitution in the world, with 106 amendments since its enactment in 1950. The Constitution is amended roughly twice a year, and there are three types of amendments. 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.
However, the power of Parliament to amend the Constitution is not absolute. The Basic Structure Doctrine, established in the landmark Kesavananda Bharati v. State of Kerala case, holds that certain fundamental features of the Constitution, such as democracy, secularism, federalism, the rule of law, and the independence of the judiciary, cannot be amended or abrogated by Parliament through a constitutional amendment. This doctrine was developed during conflicts between the Supreme Court and Parliament, with the former seeking to restrict the latter's discretionary use of power to amend the Constitution.
The Basic Structure Doctrine has served as a check on the power of Parliament to amend the Constitution and has ensured that the Constitution remains responsive to changing times while preserving its fundamental values and principles. The Supreme Court has ruled that amendments to the Constitution must respect the "basic structure" of the Constitution, and certain fundamental features cannot be altered by amendment.
While the Basic Structure Doctrine provides a limitation on the amending power of Parliament, it is important to note that the exact scope of the "basic structure" of the Constitution remains undefined. The Supreme Court is yet to provide a clear definition or clarification of what constitutes the "basic structure." Nonetheless, the doctrine has played a significant role in shaping the constitutional landscape of India and upholding the principles of democracy and the rule of law.
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