AMENDMENT OF THE CONSTITUTION

The Constitution of India is a dynamic document that can be amended to meet the changing needs of society. To ensure its flexibility while preserving its core values, the framers provided a detailed amendment process. This allows the Constitution to evolve without losing its foundational principles. The power and procedure to amend the Constitution are laid down in Article 368.

CONCEPT EXPLANATION

What is a Constitutional Amendment?

The Amendment of the Constitution refers to the formal process by which changes, additions, or deletions can be made to the Constitution of India. This ensures that the Constitution remains relevant and adaptable to the evolving needs of society and governance.

Why is Amendment Necessary?

• To reflect social and economic changes over time
• To correct errors or gaps in the original text
• To strengthen democracy or implement important policy reforms
• To adjust federal balance between Centre and States
• To uphold the Basic Structure while making necessary updates
  

Where is it mentioned in the Constitution?

• The procedure is laid down in Article 368 in Part XX of the Constitution.
• It provides the mechanism and types of amendments that can be made.
  

How many ways can the Constitution be amended?

ARTICLE 368

Key Points of Article 368: 

Clause 1 : Constituent Power of Parliament

• Parliament can amend the Constitution by way of addition, variation, or repeal of any provision using its constituent power (not ordinary legislative power).
  

Clause 2 : Amendment Procedure

• An amendment can only begin with a Bill introduced in either House of Parliament.
• To pass, the Bill must be approved by:
  • A majority of the total membership of each House, and
  • At least two-thirds of the members present and voting.
• After Parliament passes the Bill, it is sent to the President for assent.
• If the amendment affects certain key provisions (see below), it must also be ratified by at least half of the State Legislatures.
  

Special Provisions Requiring State Ratification:

Amendments involving the following must be ratified by at least 50% of the states:

• Articles: 54 (President election), 55 (Manner of election of President), 73 (Extent of executive power of the Union), 162 (Extent of executive power of State), 241 (High Courts for Union territories)
• Chapters: IV of Part V (The Union Judiciary), V of Part VI (The High Courts in the States), I of Part XI (Distribution of legislative powers between the Union and the States)
• Any List in the Seventh Schedule (Union, State, Concurrent)
• Representation of States in Parliament
• This very Article (368)
  

Clause 3 : Immunity from Article 13

• Constitutional amendments are not subject to Article 13, which protects Fundamental Rights from being abridged by ordinary laws.
  

Clause (4) & (5) No Limitations Claimed

• The article states that no amendment, including changes to Part III (Fundamental Rights), can be challenged in court.
• It declares no limitations on Parliament’s amending power.
  

However, this has been qualified by the Supreme Court through the Basic Structure Doctrine (Kesavananda Bharati case, 1973), which says Parliament cannot destroy the Constitution’s core features. 

TYPES OF CONSTITUTION AMENDMENTS IN INDIA 

Type of Amendment	Procedure	Examples	Article Involved
1. By Simple Majority of Parliament	– Passed by a simple majority (more than 50% of members present and voting) in either House of Parliament- Not governed by Article 368	– Article 2: Admission or establishment of new states- Fifth Schedule: Administration of Scheduled Areas and Tribes- Citizenship laws- Elections to Parliament and State Legislatures	Not under Article 368
2. By Special Majority of Parliament	– Requires:  Majority of total membership of each House Plus Two-thirds of members present and voting- No State ratification needed	– Amendment to Fundamental Rights- Directive Principles of State Policy– Changes not affecting federal provisions	Article 368 (2)
3. By Special Majority of Parliament + Ratification by Half of the States	– Same special majority in Parliament- Plus ratification by at least 50% of state legislatures (simple majority in each)	– Election of the President (Articles 54 & 55)- Distribution of powers (Seventh Schedule)- Representation of states in Parliament- Article 368 itself	Article 368 (2)

Procedure to Amend the Constitution of India

1. Initiation of the Bill
   
   • An amendment can be initiated only by introducing a Bill in either House of Parliament (Lok Sabha or Rajya Sabha).
   • It can be introduced by a minister or a private member.
   • No prior approval of the President is required.
     
2. Passing in Each House
   
   • The Bill must be passed in each House separately by a special majority, i.e.:
     • A majority of the total membership of that House, and
     • A two-thirds majority of members present and voting.
   • Joint sitting is not permitted, even if the Houses disagree.
     
3. State Ratification (if required)
   
   • If the amendment affects certain federal provisions (e.g. Articles 54, 55, 73, 162, 241, Seventh Schedule, or Article 368 itself), the Bill must also be ratified by at least half of the state legislatures (by a simple majority in each).
     
4. Assent of the President
   
   • After being passed by both Houses (and ratified by states, if needed), the Bill is sent to the President.
   • The President is bound to give assent — they cannot withhold or return the amendment bill.
     
5. Becomes Law
   
   • Once the President gives assent, the Bill becomes a Constitutional Amendment Act and the Constitution stands amended accordingly.
     

LIMITATIONS ON THE AMENDING POWER OF PARLIAMENT

Though Article 368 grants Parliament the power to amend the Constitution, this power is not unlimited. It is subject to the Basic Structure Doctrine, laid down by the Supreme Court in the Kesavananda Bharati case (1973).

Basic Structure DoctrineParliament can amend any part of the Constitution, including Fundamental Rights.But it cannot alter or destroy the “Basic Structure” of the Constitution.This doctrine was introduced to maintain the core identity of the Constitution and protect democratic values.

Key Judgements defining these Limitations :

Case	Judicial Pronouncement
Kesavananda Bharati v. State of Kerala, 1973	Laid down the Basic Structure Doctrine – Parliament’s power under Article 368 is not absolute.
Minerva Mills v. Union of India, 1980	Struck down clauses of the 42nd Amendment that removed judicial review and declared Parliament’s power unlimited — both violate the Basic Structure.
L. Chandra Kumar v. Union of India, 1997	Held that tribunals under Articles 323A & 323B cannot replace judicial review by High Courts — judicial review is part of the Basic Structure.
I.R. Coelho v. State of Tamil Nadu, 2007	Any law — even if placed under the Ninth Schedule — is subject to Basic Structure review if it affects Fundamental Rights.
NJAC Case – Supreme Court Advocates-on-Record v. Union of India, 2015	Struck down the 99th Constitutional Amendment (NJAC) as it violated the independence of the judiciary, a core element of the Basic Structure.