introduction
The amendment procedure of the Indian Constitution is a crucial mechanism that allows for adaptability and change within India’s legal and governance framework. Article 368 of the Constitution outlines this process, empowering the Parliament to modify constitutional provisions as needed to address evolving social, economic, and political conditions. The Indian Constitution is a blend of rigidity and flexibility; while some provisions require a simple majority for amendment, others demand a more stringent process involving a two-thirds majority in both houses of Parliament and ratification by at least half of the states. This dual approach balances the need for stability with the flexibility to respond to changing national needs, ensuring that the Constitution remains relevant without compromising its foundational principles.
Types of Constitutional Amendment
The Indian Constitution provides for three methods of amendment under Article 368:
- Simple Majority of Parliament: Certain provisions can be amended by a simple majority of both Houses of Parliament, which is more common in ordinary legislation. These amendments typically relate to non-fundamental aspects, such as changing state boundaries or adjusting parliamentary privileges.
- Special Majority of Parliament: Most constitutional amendments require a “special majority” in both the Lok Sabha and the Rajya Sabha. This means at least two-thirds of the members present and voting must approve the amendment, provided that more than half of the total membership of each House supports it. This method applies to most substantive changes within the Constitution.
- Special Majority of Parliament and Ratification by States: For certain key provisions that affect the federal structure, an amendment requires not only a special majority in both Houses of Parliament but also ratification by at least half of the state legislatures. This procedure is used for amendments related to federal powers, representation of states, and the election of the President.
These three methods ensure flexibility in amending various parts of the Constitution while safeguarding critical aspects of India’s federal structure and democratic principles.
First Method: Simple Majority
The procedure to amend the Indian Constitution through the simple majority method involves passing a bill by a majority of members present and voting in both the Lok Sabha and the Rajya Sabha. Unlike amendments under Article 368, these amendments do not require a special majority and are often not considered formal constitutional amendments. They typically pertain to specific areas not affecting the fundamental structure or significant powers within the Constitution.
Procedure:
- Introduction of the Bill: A bill proposing an amendment by simple majority can be introduced in either House of Parliament. It does not require the President’s prior recommendation.
- Debate and Approval: The bill is debated in Parliament, and approval requires a simple majority of members present and voting in each House. No special majority is needed.
- President’s Assent: Once passed by a simple majority in both Houses, the bill is sent to the President for assent.
- Implementation: After receiving the President’s assent, the amendment becomes part of the Constitution.
Examples of Amendments Using the Simple Majority Method:
- The Second Amendment Act, 1952: This amendment modified Article 81 to change the scale of representation in the Lok Sabha. It adjusted the composition without altering the fundamental structure, so a simple majority sufficed.
- The Tenth Amendment Act, 1961: This amendment incorporated the territories of Dadra, Nagar Haveli into the Union of India, a change in administrative boundaries rather than a substantive constitutional change.
- The Thirty-Fourth Amendment Act, 1974: This amendment included certain state acts in the Ninth Schedule, providing protection from judicial review to specific land reform laws.
These examples demonstrate how the simple majority method is generally used for amendments related to boundary adjustments, representation adjustments, and incorporation of new territories. This process ensures minor changes can be made efficiently without extensive parliamentary or state-level involvement.
Second Method: Special Majority
The special majority of Parliament method is one of the main procedures used to amend the Indian Constitution and is outlined in Article 368. Here is a step-by-step outline of the procedure:
Procedure to Amend the Indian Constitution through the Special Majority of Parliament Method:
1.Introduction of the Amendment Bill:
- An amendment bill can be introduced in either House of Parliament (Lok Sabha or Rajya Sabha).
- It must be introduced as a Constitutional Amendment Bill, and it cannot be introduced in a state legislature.
2.Passage in each house
- The bill must be passed in each House by a “special majority,” which means at least two-thirds of the members present and voting, provided that this number also represents more than 50% of the total membership of the House.
- Each House must pass the bill separately; there is no provision for a joint sitting of both Houses in case of disagreement.
3.Approval by the President:
- Once both Houses pass the amendment bill with the required special majority, it is sent to the President for assent.
- Unlike regular bills, the President cannot withhold consent on a constitutional amendment bill passed by a special majority. The President must give assent for the amendment to come into effect.
4.Implementation of the Amendment:
- After the President’s assent, the amendment becomes part of the Constitution.
Examples of Amendments Passed Using Special Majority
Several important amendments have been passed using this method. Examples include:
- 42nd Amendment (1976): Known as the “Mini-Constitution,” it made extensive changes, including changes to the Preamble and adding Fundamental Duties.
- 44th Amendment (1978): Reversed several provisions of the 42nd Amendment, particularly concerning the Emergency powers of the government.
- 73rd and 74th Amendments (1992): These amendments introduced provisions for Panchayati Raj and Municipalities, respectively, strengthening local self-governance.
Third Method: Special Majority of Parliament and Ratification by States:
The procedure to amend the Indian Constitution through a special majority of Parliament and ratification by states involves several key steps, especially for provisions that impact the federal structure or states’ interests. Here’s an outline of the process:
1. Introduction of the Bill: An amendment bill can be introduced in either House of Parliament (Lok Sabha or Rajya Sabha). Unlike regular bills, constitutional amendment bills do not require prior approval from the President of India to be introduced.
2. Approval by Special Majority in Parliament: The bill must be passed by each House of Parliament with a “special majority.” This means:
- Two-thirds of the members present and voting must support the bill.
- The majority must also be more than 50% of the total membership of each House.
3. Ratification by States: Once passed by Parliament, the amendment must be ratified by at least half of the state legislatures. This requirement applies only to amendments affecting matters like:
- The distribution of powers between the Union and the states.
- The representation of states in Parliament.
- Key provisions such as those related to the election of the President or the judiciary.
4.Presidential Assent: After ratification by the required number of states, the amendment is sent to the President for assent. Once the President signs it, the amendment officially becomes part of the Constitution.
Examples of Amendments Requiring Ratification by States:
- 42nd Amendment Act, 1976: This comprehensive amendment made significant changes to the Constitution, including the insertion of Fundamental Duties and changes in the Preamble.
- 101st Amendment Act, 2016: Introduced the Goods and Services Tax (GST), altering the financial relationship between the Union and the states.