What is Constitutional Amendments?
Historical Background
Key Points
9 points- 1.
Article 368 of Part XX of the Constitution deals with the power of Parliament to amend the Constitution and its procedure.
- 2.
An amendment bill can be introduced in either House of Parliament (Lok Sabha or Rajya Sabha), not in state legislatures.
- 3.
It does not require prior permission of the President to be introduced.
- 4.
Three types of amendments: (1) By simple majority (not under Art 368), (2) By special majority in Parliament (Art 368), (3) By special majority in Parliament and ratification by half of the state legislatures (Art 368).
- 5.
Special Majority: A majority of the total membership of each House and a majority of not less than two-thirds of the members of that House present and voting.
- 6.
Ratification by States: Required for amendments affecting federal structure, such as election of the President, distribution of legislative powers, or Article 368 itself.
- 7.
The President must give assent to an amendment bill; cannot withhold or return it for reconsideration (mandated by the 24th Amendment Act, 1971).
- 8.
The 'Basic Structure Doctrine' (Kesavananda Bharati case, 1973) limits Parliament's power, preventing amendments that alter the fundamental features of the Constitution.
- 9.
Each House must pass the bill separately; there is no provision for a joint sitting to resolve a deadlock on an amendment bill.
Visual Insights
Procedure for Constitutional Amendment (Article 368)
This flowchart illustrates the formal process by which the Constitution of India can be amended, as laid down in Article 368, highlighting the different stages and majorities required for different types of amendments.
- 1.Amendment Bill Introduced in Lok Sabha OR Rajya Sabha (Not State Legislature)
- 2.No prior Presidential recommendation needed for introduction
- 3.Bill passed in EACH House by Special Majority
- 4.Special Majority: >50% of total membership AND >2/3 of members present & voting
- 5.Does the amendment affect federal structure (e.g., election of President, distribution of powers, SC/HC, Art 368 itself)?
- 6.Ratification by simple majority of half of State Legislatures
- 7.Presidential Assent (Mandatory; cannot withhold or return for reconsideration - 24th Amendment)
- 8.Bill becomes a Constitutional Amendment Act
Types of Constitutional Amendments in India
This table differentiates the three ways the Indian Constitution can be amended, highlighting the varying majorities and requirements, which is fundamental for understanding India's constitutional flexibility and rigidity.
| Type of Amendment | Majority Required | Articles Covered / Examples | Relevance |
|---|---|---|---|
| By Simple Majority of Parliament | Simple majority of members present and voting (not under Art 368) | Admission/establishment of new states (Art 2), formation of new states & alteration of areas (Art 3), abolition/creation of Legislative Councils (Art 169), Citizenship, Quorum of Parliament, Salaries & allowances of MPs. | Less rigid, reflects parliamentary supremacy on certain administrative and procedural matters. Treated as ordinary legislation. |
| By Special Majority of Parliament | Majority of total membership of each House AND majority of not less than 2/3 of members of that House present and voting (under Art 368) | Fundamental Rights, Directive Principles of State Policy, and all other provisions not covered by the first and third categories. | Most common method of amendment, balances rigidity and flexibility. Requires strong political consensus. |
| By Special Majority of Parliament and Ratification by States | Special majority in Parliament AND ratification by simple majority of half of the state legislatures (under Art 368) | Election of the President (Art 54, 55), extent of executive power of Union/States (Art 73, 162), Supreme Court & High Courts, distribution of legislative powers (7th Schedule), representation of states in Parliament, Article 368 itself. | Most rigid method, protects federal structure and requires broad consensus across the Union and States. Reflects federal character. |
Recent Developments
3 developmentsRecent significant amendments include the 101st (GST), 102nd (National Commission for Backward Classes), 103rd (EWS reservation), 104th (extension of SC/ST reservation in Lok Sabha/Assemblies), and 105th (restoring states' power to identify OBCs).
Discussions around major reforms like 'One Nation, One Election' and Uniform Civil Code frequently involve detailed examinations of the necessity and feasibility of constitutional amendments.
The judiciary continues to interpret the scope of Parliament's amending power, particularly in relation to the Basic Structure Doctrine.