Kara Sears
The Indian Constitution is the most frequently amended national constitution in the world, with 106 amendments since its enactment in 1950. The process of amending the Constitution of India involves changing the nation's fundamental law or supreme law. This is done through a combination of the theory of fundamental law and the theory of parliamentary sovereignty. The Parliament of India has the power to amend the Constitution, but its power is limited by the Supreme Court, which has ruled that Parliament cannot amend the basic structure of the Constitution, including the rule of law, the independence of the judiciary, and the separation of powers. The process of amendment is laid out in Part XX (Article 368) of the Constitution, which requires a simple majority or a special majority of each house of Parliament, depending on the type of amendment.
| Characteristics | Values |
|---|---|
| Procedure for amendment | Laid down in Part XX (Article 368) of the Constitution of India |
| Amendments | Formulated as statutes |
| Passed by a simple majority in each house of Parliament | |
| Passed by a prescribed "special majority" in each house of Parliament | |
| Passed by a "special majority" in each house of Parliament and ratified by at least half of the State Legislatures | |
| Appended to the end of the main text as special articles of amendment | |
| Revision to previous text, deleting portions of the original text or inserting new articles | |
| Limitations | Cannot amend the basic structure of the Constitution, including the rule of law, independence of the judiciary, and federalism |
| Cannot take away the power of 'judicial review' | |
| Cannot increase the amending power by amendment of Article 368 |
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What You'll Learn
The three types of amendments
The Constitution of India is the most amended national constitution in the world, with 106 amendments since its enactment in 1950. The Constitution is amended roughly twice a year. This is because the Constitution spells out governmental powers in such detail that many matters addressed by statute in other democracies must be addressed via constitutional amendment in India.
There are three types of amendments to the Constitution of India. The first type of amendment must be passed by a simple majority in each house of the Parliament of India. The second type of amendment must be passed by a prescribed special majority of each house of Parliament. The third type of amendment must be passed by a special majority in each house of Parliament and ratified by at least half of the State Legislatures.
The procedure of amendment in the constitution is laid down in Part XX (Article 368) of the Constitution of India. This procedure ensures the sanctity of the Constitution of India and keeps a check on arbitrary power. The second and third types of amendments are governed by Article 368. The first type of amendment is specifically excluded from the purview of Article 368, which deals with the power and procedure for the amendment of the Constitution.
The first category of amendments includes those contemplated in articles 4 (2), 169, 239A (2), 239AA (7b), 243M (4b), 243ZC (3), 244A (4), 312(4), para 7(2) of Schedule V and para 21(2) of Schedule VI. These amendments can be effected by Parliament by a simple majority, such as that required for the passing of any ordinary law.
Once a bill has been passed by both houses, it is submitted to the President for assent. The President cannot refuse assent to the bill, nor can they send it back to Parliament. After the President's assent, a bill becomes a constitutional amendment.
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The role of Parliament
The Indian Constitution is the most amended national constitution in the world. It is amended roughly twice a year, with 106 amendments since its enactment in 1950. The Constitution grants constituent power to the Parliament of India, subject to the special procedure laid down therein. The procedure for amendment is outlined in Part XX (Article 368) of the Constitution, which grants Parliament the power to amend the Constitution.
The process of amending a law in India involves a few key steps. Firstly, a bill must be drafted and introduced in either the Lok Sabha or the Rajya Sabha, the two houses of Parliament. The bill must then be passed by a majority in each house, with the specific type of majority depending on the category of the amendment. There are three types of amendments, the first of which requires a simple majority, while the second and third types require special majorities.
The second type of amendment must be passed by a prescribed "special majority" in each house, which is a majority of the total membership of the house and a majority of two-thirds of the members present and voting. This type of amendment typically deals with Fundamental Rights and Directive Principles of State Policy. The third type of amendment is similar to the second, but it also requires ratification by at least one-half of the State Legislatures. This type of amendment pertains to provisions related to the federal structure.
It is important to note that the Supreme Court has ruled that Parliament's power to amend the Constitution is not unlimited. According to the Kesavananda Bharati Case, Parliament cannot amend the "basic structure" of the Constitution, which includes principles such as the rule of law, independence of the judiciary, federalism, secularism, and sovereign democratic republic.
Additionally, the President plays a role in the amendment process. After both houses of Parliament pass the bill, it is presented to the President for assent. The President must give assent to the bill, and it then becomes a constitutional amendment act.
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The President's involvement
The President of India is elected by an electoral college consisting of elected members of both Houses of Parliament and Legislative Assemblies of the states. The President's role includes defending and protecting the Constitution of India and its rule of law. The President is responsible for ensuring constitutionality in the actions of the executive or legislature.
The President plays a crucial role in the event of a state emergency. Under Article 356, if a state fails to function constitutionally, the President can take over the executive functions of that state, and the governor administers the state on behalf of the President. This is known as "President's Rule." During such an emergency, the President can also dissolve the Legislative Assembly or keep it in suspended animation.
Additionally, the President has the power to promulgate ordinances under Article 123 to address unusual circumstances where immediate action is necessary, and existing laws are inadequate. However, re-promulgating an ordinance without parliamentary approval within the stipulated time is considered an unconstitutional act.
The President of India also has the authority to make recommendations for introducing financial and money bills, grant pardons, reprieves, or remission of punishment, and proclaim an emergency in the country if a grave threat to its security arises. They also have the power to appoint the Prime Minister and other ministers on the advice of the Prime Minister.
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Supreme Court limitations
The Supreme Court of India has played a significant role in shaping the limitations on the amendment of laws in the country. The Court's interpretation of the Constitution and its power to review laws has had a profound impact on the legislative process.
One of the key limitations imposed by the Supreme Court is the Basic Structure Doctrine, which was established in the landmark case of Kesavananda Bharati v. State of Kerala. This doctrine holds that Parliament's power to amend the Constitution is not unlimited and that certain fundamental aspects of the Constitution, known as the "basic structure," cannot be altered through amendments. The "basic structure" encompasses principles such as the supremacy of the Constitution, the rule of law, the independence of the judiciary, the separation of powers, secularism, and the parliamentary system of government. This doctrine ensures that any amendments made to the Constitution do not undermine its core principles and values.
In the case of I.C. Golak Nath and Ors. vs. State of Punjab and Anr., the Supreme Court asserted its power to interpret the Constitution and safeguard fundamental rights. The Court ruled that Parliament could not amend the Constitution to take away or abridge fundamental rights, as protected under Article 13. This case highlighted the Court's role in checking the power of Parliament and ensuring that amendments do not violate the fundamental rights of citizens.
The Supreme Court has also provided clarity on the amendment process and the scope of legislative power. In Mangal Singh v. Union of India, the Court held that Parliament has the implicit power to reduce the number of members in the Legislative Assembly below the minimum prescribed under Article 170 (1). This decision affirmed the authority of Parliament to make laws under Article 4, which relates to the establishment and alteration of states.
Another notable limitation on the amendment of laws in India is the requirement for a special majority in certain cases. As per Articles 5 and 169, amendments under the first category, which relate to the establishment of states and supplemental matters, can be passed by Parliament with a simple majority. However, the second and third types of amendments, governed by Article 368, require a prescribed "special majority" in each house of Parliament. This distinction underscores the importance of achieving broader consensus for certain types of amendments that have a more significant impact on the Constitution.
The Supreme Court of India, through its interpretations and rulings, has played a pivotal role in shaping the country's constitutional framework and safeguarding the rights of its citizens. By establishing limitations on the amendment process, the Court has ensured that any changes to the Constitution are made within the bounds of its basic structure and do not compromise the fundamental principles upon which the nation was built.
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The Basic structure doctrine
The doctrine was developed during conflicts between the Supreme Court and Parliament, where Parliament wanted to exercise discretionary use of power to amend the constitution, while the Supreme Court wanted to restrict that power. The Basic Structure Doctrine serves as a check on the power of Parliament to amend the Constitution, ensuring that it remains a living document that is responsive to changing times while preserving its fundamental values and principles.
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Frequently asked questions
The Indian Constitution is the most amended national constitution in the world. The procedure for amendment is laid down in Part XX (Article 368) of the Constitution of India. There are three types of amendments to the Constitution of India. The first type of amendment must be passed by a "simple majority" in each house of the Parliament of India. The second type of amendment must be passed by a prescribed "special majority" of each house of Parliament. The third type of amendment must be passed by a "special majority" in each house of Parliament and ratified by at least one half of the State Legislatures.
The basic structure doctrine was laid down by the Supreme Court in the case of Kesavananda Bharati v. The Supreme Court held that Parliament's power to amend is not unlimited and it cannot amend the basic structure of the constitution. The 'basic structure' includes the rule of law, independence of the judiciary, federalism, secularism, and the principle of free and fair elections.
As of July 2025, there have been 106 amendments to the Constitution of India since it was first enacted in 1950. Some examples include the Constitution (First Amendment) Act, the States Reorganisation Act, 1956, and the National Judicial Appointment Commission (NJAC) introduced by the Constitution (99th Amendment) Act, 2014.
