The framers of the Indian Constitution recognized that a Constitution must be a living document. It should evolve with time to meet the changing needs of society, address emerging challenges, and reflect the aspirations of future generations.
Therefore, they incorporated a well-balanced amendment procedure that is neither too rigid like the US Constitution nor too flexible like the British system.
- Article 368 in Part XX of the Constitution provides Parliament with the power and procedure to amend the Constitution.
Key Point: The power to amend the Constitution is a constituent power, which is higher than ordinary legislative power and enables Parliament to modify constitutional provisions.
The amendment process can be initiated only in either House of Parliament (Lok Sabha or Rajya Sabha), and not in the State Legislatures.
- Initiation: A Constitutional Amendment Bill can be introduced in either House of Parliament by a Minister or a Private Member.
- Prior Permission of President: The President’s prior permission is not required to introduce the amendment bill.
-
Passing in Parliament:
- The bill must be passed separately in each House of Parliament.
- It must be passed by a Special Majority.
- There is no provision for Joint Sitting in case of disagreement between the two Houses.
- State Ratification (if required): Amendments affecting federal provisions must be ratified by at least one-half of the State Legislatures by a simple majority.
- President’s Assent: After passing Parliament (and State ratification, if required), the bill is presented to the President. The President must give assent and cannot withhold or return it.
- Final Step: After the President’s assent, the bill becomes a Constitutional Amendment Act.
The Constitution provides three different methods to amend its provisions depending on the importance and nature of the amendment.
A. Amendment by Simple Majority of Parliament
These amendments are not considered amendments under Article 368. They are passed like ordinary laws by a simple majority (majority of members present and voting).
| Area of Amendment | Article / Provision |
|---|---|
| Admission or establishment of new states | Article 2 |
| Formation of new states, alteration of boundaries or names | Article 3 |
| Creation or abolition of State Legislative Councils | Article 169 |
| Administration of Scheduled Areas and Scheduled Tribes | Fifth Schedule |
| Administration of Tribal Areas | Sixth Schedule |
| Salaries and allowances of Judges, CAG, etc. | Second Schedule |
| Quorum in Parliament | Article 100 |
| Official Language provisions | Articles 343–344 |
| Citizenship provisions | Article 11 |
| Elections to Parliament and State Legislatures | Articles 324–329 |
B. Amendment by Special Majority of Parliament (Article 368)
- This is the most common amendment method.
-
Requires:
- Majority of total membership of each House (>50%)
- AND two-thirds majority of members present and voting
- Most provisions including Fundamental Rights and Directive Principles are amended using this method.
C. Special Majority + State Ratification
This method applies to amendments affecting the federal structure. After passing Parliament, it must be ratified by at least one-half of State Legislatures.
- Election of the President (Articles 54 & 55)
- Executive powers of Union and States (Articles 73 & 162)
- Supreme Court and High Courts provisions
- Distribution of legislative powers (Seventh Schedule)
- Representation of States in Parliament
- Amendment procedure itself (Article 368)
Quick Tip: Amendments affecting the Seventh Schedule, Judiciary, or Presidential election require ratification by at least half of the States.
The evolution of constitutional amendments reflects the ongoing balance between Parliament’s power to amend the Constitution and the Judiciary’s role in protecting its core principles.
| Case / Amendment | Year | Verdict / Observation |
|---|---|---|
| Shankari Prasad Case | 1951 | The Supreme Court held that Parliament can amend Fundamental Rights under Article 368. Constitutional amendments are not considered "law" under Article 13. |
| Golak Nath Case | 1967 | The Court reversed its earlier position and held that Fundamental Rights are transcendental and cannot be amended by Parliament. |
| 24th Amendment Act | 1971 | Parliament restored its amending power by amending Articles 13 and 368, explicitly stating that Parliament can amend Fundamental Rights. |
| Kesavananda Bharati Case | 1973 | Landmark judgment. Parliament can amend any part of the Constitution, but cannot destroy its Basic Structure. The 24th Amendment was upheld. |
| 42nd Amendment Act | 1976 | Declared Parliament’s amending power unlimited and attempted to prevent judicial review of amendments. |
| Minerva Mills Case | 1980 | The Supreme Court struck down parts of the 42nd Amendment. It held that limited amending power and judicial review are part of the Basic Structure. |
| Waman Rao Case | 1981 | The Court clarified that the Basic Structure Doctrine applies to amendments passed after April 24, 1973. |
Key Point: The Kesavananda Bharati Case (1973) established that Parliament’s amending power is limited and cannot destroy the Constitution’s Basic Structure.
| Amendment | Year | Key Provisions / Significance |
|---|---|---|
| 1st Amendment | 1951 | Added Ninth Schedule; protected land reform laws; added restrictions on Freedom of Speech. |
| 7th Amendment | 1956 | Reorganisation of States on linguistic basis; abolished Part A, B, C, D classification. |
| 17th Amendment | 1964 | Added land reform laws to Ninth Schedule; expanded definition of estate. |
| 24th Amendment | 1971 | Affirmed Parliament’s power to amend Fundamental Rights; made President’s assent mandatory. |
| 25th Amendment | 1971 | Restricted Right to Property; prioritized DPSPs over Fundamental Rights. |
| 26th Amendment | 1971 | Abolished Privy Purse and privileges of princely rulers. |
| 31st Amendment | 1973 | Increased Lok Sabha strength to 545. |
| 36th Amendment | 1975 | Made Sikkim a State of India. |
| 39th Amendment | 1975 | Placed PM and Speaker elections beyond judicial review. |
| 42nd Amendment | 1976 | Mini-Constitution; added Socialist, Secular, Integrity; Fundamental Duties; strengthened DPSPs. |
| 43rd Amendment | 1977 | Restored judicial powers curtailed by 42nd Amendment. |
| 44th Amendment | 1978 | Removed Right to Property from FR; strengthened Emergency safeguards. |
| 52nd Amendment | 1985 | Added Tenth Schedule (Anti-Defection Law). |
| 58th Amendment | 1987 | Provided authoritative Hindi version of Constitution. |
| 61st Amendment | 1989 | Reduced voting age from 21 to 18 years. |
| 65th Amendment | 1990 | Established National Commission for SCs and STs. |
| 69th Amendment | 1991 | Made Delhi National Capital Territory with Assembly. |
| 71st Amendment | 1992 | Added Konkani, Manipuri, Nepali to Eighth Schedule. |
| 73rd Amendment | 1992 | Gave Constitutional status to Panchayati Raj Institutions. |
| 74th Amendment | 1992 | Gave Constitutional status to Urban Local Bodies. |
| 86th Amendment | 2002 | Made Education Fundamental Right (Article 21A). |
| 91st Amendment | 2003 | Limited size of Council of Ministers; strengthened Anti-Defection law. |
| 97th Amendment | 2011 | Gave Constitutional status to Cooperative Societies. |
| 101st Amendment | 2016 | Introduced GST; created GST Council. |
| 102nd Amendment | 2018 | Gave Constitutional status to NCBC. |
| 103rd Amendment | 2019 | Provided 10% EWS reservation. |
| 104th Amendment | 2020 | Extended reservation for SC/ST in Parliament and Assemblies. |
| 105th Amendment | 2021 | Restored States' power to identify SEBCs. |
| 106th Amendment | 2023 | Provided 33% reservation for women in Lok Sabha and State Assemblies. |
Memory Tricks
- 42nd Amendment: Mini-Constitution → SSI (Socialist, Secular, Integrity), Fundamental Duties
- 44th Amendment: Delete → Removed Right to Property from FR
- 61st Amendment: Voting Age → Reduced to 18 years
- 73rd & 74th Amendments: Local Bodies → 73rd (Rural), 74th (Urban)
- 101st Amendment: GST → One Nation, One Tax
- 103rd Amendment: EWS → 10% reservation
| Aspect | Details |
|---|---|
| Governing Article | Article 368 |
| Initiation | In either House of Parliament (Lok Sabha or Rajya Sabha), not in State Legislatures |
| Types of Amendments | Simple Majority, Special Majority (Article 368), Special Majority + State Ratification |
| Special Majority Formula | Majority of total membership of the House + Two-thirds majority of members present and voting |
| State Ratification Required | Required for federal provisions such as election of President, powers of Supreme Court/High Courts, and Seventh Schedule |
| President's Role | President must give assent to Constitutional Amendment Bills and cannot withhold or return them |
| Ultimate Limitation | Basic Structure Doctrine (Kesavananda Bharati Case, 1973) |