Simone Lawson
The Constitution of India is the supreme law of the land and, as such, must be responsive to changing needs and situations. The process of amending the Constitution of India involves making changes to the nation's fundamental law or supreme law. The framers of the Constitution adopted a combination of the theory of fundamental law and theory of parliamentary sovereignty. The Constitution of India vests constituent power upon the Parliament, subject to a special procedure. The procedure for the Amendment of the Constitution of India is laid down in Part XX (Article 368) of the Constitution of India. As of July 2025, there have been 106 amendments to the Constitution of India since it was first enacted in 1950, making it the most amended national constitution in the world.
| Characteristics | Values |
|---|---|
| Number of Amendments | 105 as of October 2021; 106 as of July 2025 |
| Frequency of Amendments | Twice a year |
| Types of Amendments | Three types, of which the second and third types are governed by Article 368 |
| 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 |
| Amendment Procedure | Laid down in Part XX (Article 368) of the Constitution of India |
| Purpose of Amendments | To ensure that the Constitution remains a living document capable of adapting to changing circumstances while upholding its fundamental principles and values |
| Amendment Initiation | Only in either house of Parliament, not in the State Legislatures |
| Amendment Introduction | By a minister or a private member, without prior permission of the President |
| Passage of Amendment | Requires a special majority in each house of Parliament, with each house passing the bill separately |
| Disagreement Between Houses | No joint sitting for deliberation and passage of the bill |
| Ratification | Ratified by the Legislatures of not less than one-half of the States, with no prescribed time limit for ratification but must be completed before the amending bill is presented to the President for assent |
| Presidential Assent | Required for the amendment to become an Act |
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What You'll Learn
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. This is achieved through a distinctive amendment process. 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 process of amending the Indian Constitution involves making changes to the nation's supreme law. The procedure for amendment is outlined in Part XX (Article 368) of the Constitution, which ensures the sanctity of the Constitution and prevents arbitrary power by the Parliament of India. The amendment process can be initiated by introducing a Bill in either house of Parliament, and it must be passed by a majority of the total membership of that House and a majority of at least two-thirds of the members present and voting. This is known as a "special majority".
There are three types of amendments to the Indian Constitution. 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. The third type necessitates a "special majority" in each house, along with ratification by at least half of the State Legislatures. The amendment process aims to address evolving political, social, and economic needs, ensuring the Constitution remains dynamic and relevant.
The framers of the Constitution intentionally designed a flexible framework. They combined the “theory of fundamental law” from the United States Constitution with the “theory of parliamentary sovereignty” from the United Kingdom. This unique approach vests constituent power upon the Parliament, subject to the special procedure outlined in Article 368. The amendment process in India is a dynamic and responsive mechanism that adapts the Constitution to the evolving needs of the nation.
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The amendment procedure
A bill for the amendment of the Constitution can be introduced in either house of Parliament, either by a minister or a private member, and does not require prior presidential permission. The bill must then be passed in each House by a Special Majority, which is defined as a majority of more than 50% of the total membership of the House and a majority of two-thirds of the members present and voting. Each House must pass the bill separately, and there is no provision for a joint sitting in the case of disagreement between the two Houses.
If the amendment seeks to make changes to specific provisions mentioned in Article 368, it must be ratified by the Legislatures of at least half of the states by a simple majority. This ratification must be completed before the bill is presented to the President for assent. The President is then obligated to give their assent to the bill, after which it becomes an Act, and the Constitution stands amended according to the terms of the bill.
It is worth noting that the Indian Constitution has been amended approximately 105-106 times since its enactment in 1950, making it the most amended national constitution in the world. The amendment process is designed to address evolving political, social, and economic needs, ensuring the Constitution remains dynamic and relevant.
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The Basic structure doctrine
The determination of any particular feature as a "basic" feature is made by the Court on a case-by-case basis. The "basic features" of the Constitution have not been explicitly defined by the Judiciary, but key among them are the fundamental rights guaranteed to individuals by the Constitution.
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The role of the President
The President of India plays a crucial role in the constitutional amendment process, which is the process of making changes to the nation's supreme law. While the President does not need to give prior permission for a bill to be introduced, their role becomes significant once the bill has been passed by both Houses of Parliament.
The President's role is primarily ceremonial and obligatory, as they must give their assent to the bill for it to become a Constitutional Amendment Act. The President cannot withhold their assent or return the bill for reconsideration by Parliament. This means that once the bill receives the President's assent, the Constitution is officially amended according to the terms of the bill.
In the case of amendments that seek to change specific provisions mentioned in Article 368, such as Article 54, 55, 73, 162, or 241, the bill must first be ratified by the Legislatures of at least half of the states before being presented to the President. This ratification process ensures that any changes to the Constitution reflect the will of a significant portion of the country.
The President's role in the constitutional amendment process is essential for maintaining the integrity and sanctity of the Indian Constitution. It provides a check and balance to the power of Parliament, ensuring that any amendments are duly considered and assented to by the President, who represents the nation as a whole.
Additionally, the President's role in constitutional amendments may be influenced by the ongoing dialogue between the Supreme Court and Parliament. While Parliament seeks to exercise discretionary power in amending the Constitution, the Supreme Court aims to restrict this power. This dynamic has led to the development of various doctrines and rules, such as the Basic Structure Doctrine, to check the validity and legality of amendments.
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The types of amendments
The Indian Constitution is the most amended national constitution in the world, with 105 amendments as of October 2021, and 106 as of July 2025. The Constitution is amended roughly twice a year, with the changes addressing evolving political, social, and economic needs.
There are three types of amendments to the Constitution of India. The first type of amendment must be passed by a "simple majority" in each house of the Parliament of India. This means 50% of members present and voting. The types of provisions that can be amended by a simple majority include the abolition or creation of legislative councils in states.
The second type of amendment must be passed by a prescribed "special majority" of each house of Parliament. This is a majority of 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 by a simple majority. This type of amendment is required for provisions related to the federal structure of the Indian polity.
The procedure for the Amendment of the Constitution of India is laid out in Article 368 of Part XX of the Constitution. This article provides for two types of amendments, with the second and third types of amendments outlined above being governed by it. The first type of amendment, passed by a simple majority, falls outside the scope of Article 368.
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 prior permission from the President. Each House must pass the bill separately, and there is no provision for a joint sitting in the case of a disagreement between the two Houses. The bill is then presented to the President, who must give their assent. The President cannot withhold their assent or return the bill for reconsideration. After the President's assent, the bill becomes an Act, and the Constitution is amended.
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Frequently asked questions
A constitutional amendment in India refers to the process of making changes to the nation's supreme law. Amendments can be made by addition, variation, or repeal of any provision of the Constitution in accordance with the procedure laid down in Article 368.
A bill for the amendment of the Constitution can be introduced in either house of the Parliament, 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. If the amendment seeks to make changes to certain provisions mentioned in Article 368, it must be ratified by the Legislatures of at least half of the States by a simple majority. The bill is then presented to the President for their assent, which is obligatory.
As of July 2025, there have been 106 amendments to the Constitution of India since it was first enacted in 1950. The Indian Constitution is the most amended national constitution in the world and is amended roughly twice a year.
