Constitutional Amendments

The authority and detailed procedure for amending the Constitution are enshrined in Article 368, located in Part XX. These provisions outline the boundaries of the Parliament's power and the specific steps required to enact changes.

According to Article 368, the process follows a strict legislative path:

• Initiation: An amendment bill can be introduced in either House of Parliament (Lok Sabha or Rajya Sabha). It cannot be initiated in State Legislatures.
• Introduction: The bill may be introduced by a Minister or a Private Member. Notably, the prior recommendation of the President is not required.
• Voting Requirement: The bill must be passed in each House by a Special Majority. This is defined as:
  • A majority (more than 50%) of the total membership of the House.
  • A majority of two-thirds of the members present and voting.
• No Joint Sitting: Each House must pass the bill independently. If there is a deadlock between the two Houses, there is no provision for a joint sitting to resolve the disagreement.
• State Ratification (Federal Provisions): If the amendment seeks to change "federal" provisions (those affecting the states), it must be ratified by the legislatures of at least half of the states via a Simple Majority.
• Presidential Assent: Once passed by Parliament (and ratified by states if necessary), the bill is presented to the President.
• Mandatory Approval: The President must give their assent. Unlike ordinary bills, the President cannot withhold assent or return the bill for reconsideration.
• Transformation into Law: Upon receiving the President's signature, the bill becomes a Constitutional Amendment Act, and the Constitution is officially updated.

While Article 368 specifically mentions two types of amendments, the Constitution can effectively be changed in three ways:

• A. Amendment by Simple Majority (Outside Article 368)
  Certain provisions can be changed by a simple majority of members present and voting (similar to ordinary legislation). Legally, these are not considered amendments under Article 368.
  Examples: Creation or admission of new states; alteration of state boundaries or names; abolition or creation of Legislative Councils in states.
• B. Amendment by Special Majority
  The majority of constitutional provisions are amended through this method.
  Requirements: Majority of total membership + 2/3rd of members present and voting.
  Examples: Fundamental Rights; Directive Principles of State Policy (DPSP); and any other provision not covered by the other two categories.
• C. Amendment by Special Majority + State Consent
  This method is reserved for provisions that impact the federal structure of the country.
  Requirements: Special Majority in Parliament + consent of half of the State Legislatures by a Simple Majority.
  Note: There is no specific timeframe within which states must provide their consent. As soon as the 50% threshold is reached, the requirement is satisfied.
  Examples: The method of electing the President; the extent of executive powers of the Union and States; provisions concerning the Supreme Court and High Courts.

While Parliament has broad powers to amend the Constitution, these powers are not absolute. In the landmark Kesavananda Bharati case (1973), the Supreme Court established the Doctrine of Basic Structure.

This doctrine asserts that there are certain fundamental features of the Constitution—such as secularism, federalism, and judicial review—that are so essential that they cannot be altered or destroyed by any amendment. This serves as a vital check on the Parliament's power, ensuring the original spirit of the Constitution remains intact.