The procedure for amending the Constitution of India is outlined in Article 368. The process involves multiple stages and requires the support of both houses of Parliament, and, in certain cases, the ratification by the states.
- Initiation of Amendment:
- An amendment to the Constitution can be initiated in either House of Parliament. The amendment can be proposed by:
- A member of Parliament (MP) in the form of a bill.
- A minister on behalf of the government.
- An amendment to the Constitution can be initiated in either House of Parliament. The amendment can be proposed by:
- Type of Majority Required:
- The amendment bill must be passed by each house separately, and the type of majority required depends on the nature of the amendment:
- Special Majority: For most amendments, a special majority is required, which means a majority of the total membership of each house and a majority of at least two-thirds of the members present and voting.
- Simple Majority: Some amendments, such as those related to the election of the President, the representation of states in Parliament, or the powers of the President under Article 1 and Article 2, require only a simple majority.
- The amendment bill must be passed by each house separately, and the type of majority required depends on the nature of the amendment:
- Joint Sitting (If Necessary):
- If there is a disagreement between the two houses regarding a non-money bill, the President may call for a joint sitting to resolve the matter. However, a joint sitting is not applicable in the case of constitutional amendments.
- Presidential Assent:
- After the amendment bill is passed by both houses with the required majority, it is presented to the President for his assent. The President can either give assent or withhold it. In practice, the President usually gives assent.
- Ratification by States (if applicable):
- Certain amendments that affect the federal structure of the Constitution or the powers of the states require the ratification of a specified number of state legislatures. The President will notify the amendment’s effective date only after receiving the required ratifications.
- Judicial Review:
- The judiciary has the authority to review constitutional amendments. If an amendment violates the “basic structure” of the Constitution, as established by judicial precedent, it can be declared unconstitutional. The doctrine of basic structure ensures that certain core principles of the Constitution are protected from arbitrary changes.
- Notification and Enactment:
- After obtaining the President’s assent and, if necessary, state ratifications, the amendment is notified by the President. It becomes part of the Constitution from the date of notification.
- Flexibility and Rigidity:
- The Indian Constitution is considered semi-rigid, as it is amendable but also has certain rigid features. While the procedure for amendment is not overly cumbersome, the basic structure doctrine and the requirement of state ratifications for certain amendments provide a degree of rigidity.
The amendment procedure outlined in Article 368 ensures a balance between the need for flexibility to adapt to changing circumstances and the need to protect the core principles and structure of the Constitution.
