Amendment of Constitution (Indian Constitution)
Meaning of Amendment
-
The
Constitution
needs changes according to changing circumstances and needs.
- Therefore, the Constitution provides a method for amendment.
Nature of Constitutions
| Country |
Nature of Constitution |
| Britain |
Flexible (Unwritten) |
| India |
Combination of Flexible and Rigid (Synthesis) |
| America |
Rigid |
Article 368 (Part XX)
- Deals with the powers of Parliament to amend the Constitution.
- Also prescribes the procedure for amendment.
Can Parliament Amend Any Part of the Constitution?
→ No
-
Parliament cannot amend the Basic Structure of the Constitution.
-
This principle was established by the
Kesavananda Bharati Case (1973).
Procedure for Constitutional Amendment
| Feature |
Provision |
| Introduction of Bill |
Can be introduced in either House of Parliament |
| Who can introduce? |
Minister or Private Member |
| President's Prior Permission |
Not required |
| Majority Required |
Special Majority |
| Passing of Bill |
Both Houses pass separately |
| Joint Sitting (Art.108) |
Not allowed |
| Amendment of Federal Provisions |
Special Majority + Ratification by ½ States |
| President's Assent |
Mandatory after 24th Constitutional Amendment Act, 1971 |
| Can State Legislature introduce Amendment Bill? |
No |
Types of Amendments
The Constitution can be amended in three ways:
| Type |
Majority Required |
| 1. Simple Majority of Parliament |
Ordinary majority (Present and Voting) |
| 2. Special Majority of Parliament |
Article 368 |
| 3. Special Majority + Ratification by Half of States |
Article 368 |
Amendment by Simple Majority
Features
- Majority of members present and voting.
- Similar to the ordinary law-making process.
- Such amendments are outside Article 368.
-
Example: Number of Supreme Court judges increased from 31 to 34.
Provisions Amended by Simple Majority
| S.No. |
Provision |
| 1 |
Admission or establishment of new states |
| 2 |
Formation of
new states
and alteration of boundaries, areas or names
|
| 3 |
Creation or abolition of Legislative Councils in states |
| 4 |
Second Schedule (salary, allowances and privileges of President,
Governors, Judges, Speakers etc.)
|
| 5 |
Quorum in Parliament |
| 6 |
Salaries and allowances of Members of Parliament |
| 7 |
Rules of procedure in Parliament |
| 8 |
Privileges of Parliament, its members and committees |
| 9 |
Use of English language in Parliament |
| 10 |
Number of puisne judges in the Supreme Court |
| 11 |
Conferment of additional jurisdiction on the Supreme Court |
| 12 |
Use of official language |
Amendment by Special Majority (Article 368)
Requires
- Majority of total membership of each House.
- Two-thirds majority of members present and voting.
Examples
- Fundamental Rights.
- Directive Principles of State Policy.
- Emergency Provisions.
Amendment by Special Majority + Ratification by Half of States
Requires
- Special Majority in both Houses of Parliamen
-
Approval by at least half of the State Legislatures by simple
majority.
Applies to Federal Provisions
Examples:
- Election of the President.
- Distribution of legislative powers between Centre and States.
- Representation of States in Parliament.
- Seventh Schedule.
- Article 368 itself.
24th Constitutional Amendment Act, 1971
Important Provisions
| Provision |
Effect |
| Amended Article 368 |
Parliament can amend any provision of the Constitution |
| President's Assent |
Made mandatory for the President to give assent to Constitutional
Amendment Bills
|
Special Majority (Article 368)
A Constitutional Amendment Bill must be passed by:
- Majority of total membership of each House (>50%)
-
Two-thirds (2/3) majority of members present and voting
Formula
Special Majority = Total Membership Majority + 2/3rd of Present & Voting
Example
-
103rd Constitutional Amendment Act, 2019
-
Provided 10% reservation for Economically Weaker Sections (EWS).
Special Majority + Ratification by Half of States
Requirements
- Special majority in both Houses of Parliament.
-
Ratification by at least half of the State Legislatures by simple
majority.
Important Points
- Only 50% of states need to approve.
-
Remaining states may approve, reject or take no action—it does not matter.
- No time limit is prescribed for state ratification.
Example
-
101st Constitutional Amendment Act, 2016
- Introduction of GST (Goods and Services Tax).
Numerical Example
(a) Majority of Total Membership
| Lok Sabha Strength |
Required Majority |
| 543 |
272 |
(50% of 543 = 271.5 → 272)
(b) Two-thirds of Present and Voting
| Present and Voting Members |
Required |
| 390 |
261 |
(2/3 × 390 = 260 → 261)
(c) State Ratification
| Total States |
States Required |
| 28 |
15 |
(More than half of states)
Other Types of Majorities
Special Majority under Article 249
Purpose
-
Allows Parliament to make laws on State List subjects in the national
interest.
Requirement
-
Rajya Sabha must pass a resolution by: Two-thirds majority of members
present and voting.
Example
| Particulars |
Number |
| Total Membership |
245 |
| Vacancies |
45 |
| Present and Voting |
184 |
| 2/3rd of P&V |
122.67 |
| Required Majority |
123 |
Special Majority under Article 61
Purpose
- Deals with the Impeachment of the President.
Requirement
- A majority of 2/3rd of the total membership of the House.
Numerical Requirement
| House |
Total Membership |
Required Majority |
| Lok Sabha |
543 |
364 |
| Rajya Sabha |
245 |
164 |
Absolute Majority
- More than 50% of the total strength of the House.
Formula
Absolute Majority = More than half of total membership
Example
| Total Membership |
Required |
| 543 |
272 |
Used For - Formation of Government.
Effective Majority
More than 50% of the effective strength of the House.
Formula
- Effective Strength = Total Strength – Vacant Seats
- Effective Majority = More than 50% of Effective Strength
Example
| Particulars |
Number |
| Total Strength |
245 |
| Vacant Seats |
45 |
| Effective Strength |
200 |
| Effective Majority |
101 |
Used in Following Articles
| Article |
Purpose |
| Article 67(b) |
Removal of Vice-President |
| Article 94(c) |
Removal of Speaker and Deputy Speaker of Lok Sabha |
| Article 179(c) |
Removal of Speaker and Deputy Speaker of State Legislative Assembly
|
Amendment by Special Majority of Parliament
The following provisions are amended by this method:
-
Fundamental Rights
-
Directive Principles of State Policy
(DPSP)
- All provisions not included under first and third categories
Amendment by Special Majority + Consent of States
The following provisions require:
Special Majority of Parliament + Ratification by Half of States
| S.No. |
Provisions |
| 1 |
Election of the President and manner of election |
| 2 |
Extent of executive powers of Union and States |
| 3 |
Supreme Court and High Courts |
| 4 |
Distribution of legislative powers between Union and States |
| 5 |
Goods and Services Tax Council |
| 6 |
Seventh Schedule (Union, State and Concurrent Lists) |
| 7 |
Representation of States in Parliament |
| 8 |
Article 368 itself (Amendment Procedure) |
Criticism of Amendment Procedure
| Criticism |
Explanation |
| No Special Body |
No Constitutional Convention or Assembly as in USA |
| States Cannot Initiate Amendments |
Only Parliament can introduce amendment bills |
| No Time Limit |
Constitution does not specify the time for state ratification |
| No Joint Sitting |
Deadlock between Houses cannot be resolved by joint sitting |
| Parliament Dominates |
Most amendments can be made without states |
| State Ratification Requirement is Low |
India requires only half the states, USA requires 3/4th states
|
| Provisions are Sketchy |
Many issues are left to judicial interpretation |
Merits of Amendment Procedure
Neither too Flexible nor too Rigid
- Meets changing needs of society.
- Prevents arbitrary changes by the ruling party.
- Ensures constitutional stability and continuity.
Important Quotes
Jawaharlal Nehru
"While we want this
Constitution
to be as solid and permanent as we can make it, there is no permanence in a
Constitution. There should be a certain flexibility."
Meaning
-
Constitution should be stable but capable of adapting to changing
conditions.
Dr. B. R. Ambedkar
"The Assembly has provided for a facile procedure for amending the
Constitution."
Meaning
-
Amendment process should neither be impossible nor excessively difficult.
UPSC Revision Table
| Majority Type |
Requirement |
Example/Article |
| Simple Majority |
Present and Voting |
Ordinary Law |
| Absolute Majority |
>50% of Total Membership |
Formation of Government |
| Effective Majority |
>50% of Effective Strength |
Removal of Speaker, VP |
| Special Majority (Art.368) |
Total Membership Majority + 2/3rd Present & Voting |
103rd CAA (EWS) |
| Special Majority (Art.249) |
2/3rd Present and Voting in Rajya Sabha |
State List legislation |
| Special Majority (Art.61) |
2/3rd of Total Membership |
Impeachment of President |
| Special Majority + State Ratification |
Art.368 + Approval of Half States |
101st CAA (GST) |
Mnemonic for Types of Majorities
"S-A-E-S-S"
- S → Simple Majority
- A → Absolute Majority
- E → Effective Majority
- S → Special Majority
- S → Special Majority + State Ratification
Important Points for UPSC & Exams
Article Related
- Article 368 → Amendment of Constitution.
-
Article 108 → Joint Sitting (Not applicable to Constitutional
Amendment Bills).
Landmark Case
-
Kesavananda Bharati Case (1973) → Introduced the
Basic Structure Doctrine.
Remember
-
Simple Majority → Outside Article 368
-
Special Majority → Article 368
-
Special Majority + Half States Ratification → Federal Provisions
One-Line Revision
| Topic |
Revision Point |
| Article dealing with Amendment |
Article 368 |
| Part of Constitution |
Part XX |
| Basic Structure Doctrine |
Kesavananda Bharati Case, 1973 |
| Joint Sitting Allowed? |
No |
| President's Prior Permission Needed? |
No |
| President's Assent Mandatory? |
Yes (24th CAA, 1971) |
| State Legislature can introduce Bill? |
No |
| Types of Amendment |
3 |
| Simple Majority Amendments under Art.368? |
No |
| Federal Provisions Amendment |
Special Majority + ½ States Ratification |
