Simone Lawson
The Indian Constitution is the world's most frequently amended national governing document. It is a living document that can be adapted to changing circumstances while upholding its fundamental principles and values. The Constitution is so specific in spelling out government powers that many amendments address issues dealt with by statute in other democracies. Amendments are made to address evolving political, social, and economic needs, ensuring the Constitution remains dynamic and relevant. The process of making changes to the Constitution is called a Constitutional Amendment and is governed by Article 368, which grants Parliament the power to amend the Constitution by way of addition, variation, or repeal of any provision.
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What You'll Learn
To address evolving political, social, and economic needs
The Indian Constitution is the most frequently amended national governing document in the world. It is a living document that can adapt to changing circumstances while upholding its fundamental principles and values.
The Constitution is so specific in spelling out government powers that many matters addressed by statute in other democracies must be addressed via constitutional amendment in India. As a result, the Constitution is amended roughly twice a year.
The process of making changes to the nation's fundamental law is called a Constitutional Amendment. The amendment procedure reflects the desire of the constituent legislative assembly to put in place a dynamic document. The Constitution can be amended in three ways: by a special majority of Parliament, by a special majority of Parliament plus ratification of half of the state legislatures, and by a simple majority of Parliament.
The first type of amendment must be passed by a "simple majority" in each house of the Parliament of India. This refers to a majority of more than 50% of the members present and voting. Many articles in the Constitution mention that these articles can be amended by a simple law of Parliament. No special procedure for amendment is required in such cases.
The second type of amendment must be passed by a prescribed "special majority" of each house of Parliament. This means a majority of the total membership of each House and a majority of two-thirds of the members of each House present and voting. Examples include Fundamental Rights, Directive Principles of State Policy, etc.
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. States' ratification is through a simple majority.
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To uphold fundamental principles and values
The Indian Constitution is a living document, capable of adapting to changing circumstances while upholding its fundamental principles and values. It is a dynamic document that reflects the desire of the constituent legislative assembly to ensure it remains relevant and adaptable.
The Constitution is the supreme power of the nation, governing all laws. It is specific in spelling out governmental powers, and as a result, many matters addressed by statute in other democracies must be addressed via constitutional amendment in India. This has led to the Indian Constitution being the most frequently amended national constitution in the world, with over 100 amendments since its enactment in 1950.
The Constitution provides for its amendment through Article 368, which grants Parliament the power to amend it. There are three types of amendments: the first must be passed by a simple majority in each house of Parliament; the second requires a prescribed "special majority"; and the third type must be passed by a "special majority" in each house and ratified by at least half of the State Legislatures.
The amending power of Parliament is limited by the 'Basic Structure' Doctrine, which holds that certain features of the Constitution are so integral that they cannot be amended. This was established in the Kesavananda Bharati case in 1973, where the Supreme Court ruled that Parliament could not amend the provisions that form the Basic Structure of the Constitution.
The amendment procedure to amend the Constitution is initiated by introducing a bill in either house of Parliament, which must then be passed by a special majority in each house separately. If the bill seeks to amend the Constitution, it must be ratified by the legislatures of half of the states by a simple majority. After passage by both houses, the bill is presented to the President for assent, at which point it becomes a Constitutional Amendment Act.
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To adapt to changing circumstances
The Indian Constitution is a living document designed to adapt to changing circumstances. It is the most frequently amended national governing document in the world, with over 100 amendments since its enactment in 1950. The Constitution is so specific in spelling out government powers that many matters addressed by statute in other democracies must be addressed via constitutional amendment in India.
The Constitution's amendment procedure reflects the desire of the constituent legislative assembly to put in place a dynamic document. It is flexible enough to adapt to changing circumstances while upholding its fundamental principles and values. The procedure for amending the Constitution is laid out in Article 368 of the Indian Constitution, which grants Parliament the power to amend the Constitution by way of addition, variation, or repeal of any provision.
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, which refers to a majority of more than 50% of the members present and voting. The second type of amendment must be passed by a prescribed "special majority" of each house of Parliament, which requires a majority of the total membership of each House and a majority of two-thirds of the members of each 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.
The amending power of Parliament is limited by the doctrine of Basic Structure, which holds that the 'Basic Structure of the Constitution' cannot be amended. This doctrine was propounded by the Indian Judiciary in the Keshavananda Bharati case in 1973. The Supreme Court has also held that certain features of the Indian Constitution are so integral to its functioning and existence that they could never be cut out of the Constitution.
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To ensure the constitution remains a living document
The Indian Constitution is the world's most frequently amended national governing document. It is a living document, capable of adapting to changing circumstances while upholding its fundamental principles and values. The purpose of the amendments is to ensure that the Constitution remains dynamic and relevant, addressing evolving political, social, and economic needs.
The Constitution is so specific in spelling out government powers that many matters addressed by statute in other democracies must be addressed via constitutional amendment in India. As a result, the Constitution is amended roughly twice a year.
Amendments to the Constitution are made through a process outlined in Article 368, which grants Parliament the power to amend the Constitution by way of addition, variation, or repeal of any provision. This process is neither as flexible as Britain's nor as rigid as the USA's, but a synthesis of both.
There are three types of amendments: the first must be passed by a simple majority in each house of Parliament; the second by a prescribed "special majority"; and the third by a "special majority" in each house of Parliament, plus ratification by at least half of the state legislatures.
The amending power of Parliament is limited by the doctrine of Basic Structure, which holds that the 'Basic Structure of the Constitution' cannot be amended. This doctrine was propounded by the Indian Judiciary in the Keshavananda Bharati case of 1973, which ruled that there were certain features of the Indian Constitution so integral to its functioning and existence that they could never be removed.
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To address matters that other democracies address by statute
The Indian Constitution is the world's most frequently amended national constitution. It is so detailed in outlining the government's powers that many amendments address matters that, in other democracies, would be addressed by statute. This level of detail means that the Indian Constitution is the longest of any sovereign nation, consisting of over 117,000 words (450 articles plus 104 amendments as of 2025).
The Constitution was drawn from a number of sources, including previous legislation such as the Government of India Acts of 1858, 1919 and 1935, and the Indian Independence Act of 1947. It was drafted by the 389-member Constituent Assembly, elected by the members of the provincial assemblies, and took almost three years to complete.
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 type of amendment is specifically excluded from the purview of Article 368, which deals with the power and procedure for amending the Constitution. The second type of amendment must be passed by a prescribed "special majority" of each house of Parliament, and the third type must be passed by a "special majority" in each house and ratified by at least one-half of the State Legislatures. These latter two categories are governed by Article 368.
Ambedkar, speaking in the Constituent Assembly in 1949, pointed out the numerous articles in the Constitution that left matters subject to laws made by Parliament. This means that, by passing ordinary laws, Parliament can effectively modify or annul certain provisions of the Constitution without actually amending them within the meaning of Article 368.
The Indian Constitution does not contain a provision to limit the powers of Parliament to amend the Constitution. However, the Supreme Court has ruled that there are certain integral features of the Constitution that cannot be cut out, known as the 'Basic Structure' Doctrine.
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