Amendment of the Constitution

Like any other written Constitution, the Constitution of India also provides for its amendment in
order to adjust itself to the changing conditions and needs. However, the procedure laid down for
its amendment is neither as easy as in Britain nor as difficult as in USA. In other words, the Indian
Constitution is neither flexible nor rigid but a synthesis of both.

Article 368 in Part XX of the Constitution deals with the powers of Parliament to amend the
Constitution and its procedure. It states that the Parliament may, in exercise of its constituent
power, amend by way of addition, variation or repeal any provision of the Constitution in accordance
with the procedure laid down for the purpose.

However, the Parliament cannot amend those provisions which form the ‘basic structure’ of the
Constitution. this was ruled by the Supreme Court in the Kesavananda Bharati case (1973).

PROCEDURE FOR AMENDMENT

The procedure for the amendment of the Constitution as laid down in Article 368 is as follows:

1. An amendment of the Constitution can be initiated only by the introduction of a bill for the purpose
in either House of Parliament and not in the state legislatures.

2. The bill can be introduced either by a minister or by a private member and does not require prior
permission of the president.

3. The bill must be passed in each House by a special majority, that is, a majority (that is, more
than 50 per cent) of the total membership of the House and a majority of two-thirds of the members
of the House present and voting.

4. Each House must pass the bill separately. In case of a disagreement between the two Houses,
there is no provision for holding a joint sitting of the two Houses for the purpose of deliberation and
passage of the bill.

5. If the bill seeks to amend the federal provisions of the Constitution, it must also be ratified by
the legislatures of half of the states by a simple majority, that is, a majority of the members of the
House present and voting.
6. After duly passed by both the Houses of Parliament and ratified by the state legislatures, where
necessary, the bill is presented to the president for assent.

7. The president must give his assent to the bill. He can neither withhold his assent to the bill nor
return the bill for reconsideration of the Parliament.

8. After the president’s assent, the bill becomes an Act (i.e., a constitutional amendment act) and
the Constitution stands amended in accordance with the terms of the Act.

TYPES OF AMENDMENTS

Article 368 provides for two types of amendments, that is, by a special majority of Parliament and
also through the ratification of half of the states by a simple majority. But, some other articles
provide for the amendment of certain provisions of the Constitution by a simple majority of
Parliament, that is, a majority of the members of each House present and voting (similar to the
ordinary legislative process).

Notably, these amendments are not deemed to be amendments of the Constitution for the purposes
of Article 368. Therefore, the Constitution can be amended in three ways:

(a) Amendment by simple majority of the Parliament,

(b) Amendment by special majority of the Parliament, and

(c) Amendment by special majority of the Parliament and the ratification of half of the state
legislatures.

By Simple Majority of Parliament

A number of provisions in the Constitution can be amended by a simple majority of the two Houses
of Parliament outside the scope of Article 368. These provisions include:

1. Admission or establishment of new states.

2. Formation of new states and alteration of areas, boundaries or names of existing states.

3. Abolition or creation of legislative councils in states.

4. Second Schedule—emoluments, allowances, privileges and so on of the president, the governors,

the Speakers, judges, etc.

5. Quorum in Parliament.
6. Salaries and allowances of the members of Parliament.

7. Rules of procedure in Parliament.

8. Privileges of the Parliament, its members and its committees.

9. Use of English language in Parliament.

10. Number of puisne judges in the Supreme Court.

11. Conferment of more jurisdiction on the Supreme Court.

12. Use of official language.

13. Citizenship—acquisition and termination.

14. Elections to Parliament and state legislatures.

15. Delimitation of constituencies.

16. Union territories.

17. Fifth Schedule—administration of scheduled areas and scheduled tribes.

18. Sixth Schedule—administration of tribal areas.

By Special Majority of Parliament

The majority of the provisions in the Constitution need to be amended by a special majority of the
Parliament, that is, a majority (that is, more than 50 per cent) of the total membership of each
House and a majority of two-thirds of the members of each House present and voting. The
expression ‘total membership’ means the total number of members comprising the House
irrespective of fact whether there are vacancies or absentees. ‘Strictly speaking, the special majority
is required only for voting at the third reading stage of the bill but by way of abundant caution the
requirement for special majority has been provided for in the rules of the Houses in respect of all
the effective stages of the bill’.

The provisions which can be amended by this way includes:

(i) Fundamental Rights;

(ii) Directive Principles of State Policy; and

(iii) All other provisions which are not covered by the first and third categories.

By Special Majority of Parliament and Consent of States

Those provisions of the Constitution which are related to the federal structure of the polity can be
amended by a special majority of the Parliament and also with the consent of half of the state
legislatures by a simple majority. If one or some or all the remaining states take no action on the
bill, it does not matter; the moment half of the states give their consent, the formality is completed.
There is no time limit within which the states should give their consent to the bill.

The following provisions can be amended in this way:

1. Election of the President and its manner.

2. Extent of the executive power of the Union and the states.

3. Supreme Court and high courts.

4. Distribution of legislative powers between the Union and the states.

5. Any of the lists in the Seventh Schedule.

6. Representation of states in Parliament.

7. Power of Parliament to amend the Constitution and its procedure (Article 368 itself).

MCQs on AMENDMENT OF THE CONSTITUTION

1. Consider the following statements:
1. An amendment of the Constitution of India can be initiated by the introduction of a Bill
only in the Lok Sabha.
2. The Bill for amendment of the Constitution of India has to be passed in each House by a
majority of the total membership of that House and by a majority of not less than two-thirds
of the members of that House present and voting.
Which of the statements given above is/are correct?
(a) Only 1
(b) Only 2
(c) Both 1 and 2
(d) Neither 1 nor 2

2. If an amendment of the Constitution of India seeks to make any change in certain items, the
amendment requires to be ratified by the Legislatures of not less than one-half of the States before
the Bill making provision for such amendment is presented to the President for assent. Which of the
following are those items?
1. Representation of States in Parliament
2. Any of the Lists in the Seventh Schedule
3. Manner of election of the President of India
Select the correct answer using the codes given below:
(a) 1 and 2
(b) 2 and 3
(c) 1 and 3
(d) 1, 2 and 3

3. Restriction of the writ jurisdiction of the High Courts under Article 226 of the Constitution is
possible through:
(a) An amendment of the Constitution passed by two-third majority of members present and voting
and a majority of the total membership of each House of Parliament.
(b) An amendment of the Constitution passed by a simple majority of members present and voting
in both Houses of Parliament.
(c) An amendment of the Constitution passed by two-third majority of members present
and voting, and a majority of the total membership of each House of Parliament
together with the ratification of half of the State Legislatures.
(d) An amendment of the Constitution passed by two-third majority of members present and voting
and a majority of the total membership of each House of Parliament together with the ratification
of three quarters of the State Legislatures.
4. On receipt of a Constitutional Amendment Bill, after passing by each House of Parliament, the
President:
(a) Shall give his assent
(b) May give his assent
(c) May withhold his assent
(d) May return the Bill for reconsideration
5. Which of the following are matters on which the Parliament has the power to modify provisions
of the constitution by a simple majority?
1. Alternation of names, boundaries and areas of States
2. Appointment of additional judges
3. Abolition of the second chamber of a State Legislature
4. Administration of Scheduled Areas
Select the correct answer using the codes given below:
(a) 1, 2 and 3
(b) 1, 2 and 4
(c) 1, 3 and 4
(d) 2, 3 and 4

6. The constituent power of Parliament to amend the Constitution:

(a) Includes power to amend by way of addition, variation or repeal of the provision of
the Constitution
(b) Is unrestricted by any inherent and implied limitations
(c) Is not procedurally limited and restricted
(d) Is extra-constituent
7. A change in which of the following does not require ratification by the legislatures of not less
than one-half of the states by resolutions to that effect passed by those legislatures before the bill
making provisions for an amendment in the Constitution of India is presented to the President for
assent?
(a) Any of the lists in the Seventh Schedule
(b) The provisions of Article 368
(c) Article 73 about extent of executive power of the Union
(d) Article 161 about power of Governor to grant pardon
8. Which of the following features are present in the Indian Constitution?
1. Multiple procedures for amendment
2. States are not empowered to initiate amendment
3. Joint-sittings of Parliament to resolve disputes regarding constitutional amendments.
Select the correct answer from the codes given below:
(a) 1 and 3
(b) 1 and 2
(c) 2 and 3
(d) 1, 2 and 3
9. A Constitutional amendment shall also be ratified by legislatures of not less than one-half of the
States by a resolution if it is meant to make any change in:
(a) Fundamental Rights
(b) Directive Principles
(c) Fundamental Duties
(d) High Court Provisions

10. An amendment of the Constitution of India for the purpose of creating a new state must be
passed by:
(a) Simple majority in Parliament
(b) A simple majority in Parliament and ratification by not less than half of the states
(c) Two-thirds majority in Parliament and ratification by not less than two-third of the states
(d) Two-third of the members of both houses of Parliament present and voting

11. The provision of Article 368 of the Constitution of India deals with:
(a) Power of Parliament to amend the Constitution
(b) Procedure for amendment of the constitution to be followed by Parliament
(c) Power as well as procedure for amendment of the Constitution
(d) Passing and ratification of amendment Bills by State Legislatures

12. How can an amendment in a list in the Seventh Schedule of the Constitution of India be initiated?
If the Bill seeking amendment is passed in either House of Parliament by:
(a) A majority of the total membership of that house.
(b) A majority of the total membership of that house and by a majority of not less than two-thirds
of the members of that House present and voting.
(c) A majority of the total membership of that house and by a majority of not less than
two-thirds of the members of that House present and voting and the amendment shall
also requires to be ratified by the Legislatures of not less than one-half of the States.
(d) A majority of the total membership of that house and by a majority of not less than two-thirds
of the members of that House present and voting and the amendment shall also requires to be
ratified by the Legislatures of not less than two-thirds of the States.

13. Amendment of which one of the following provisions of the Constitution requires ratification by
the Legislatures of the States?
(a) Article 157 relating to the qualifications for appointment as Governor of the State
(b) Article 123 relating to the powers of the President to promulgate ordinances on a subject
mentioned in Concurrent List during the recess of the Parliament
(c) Article 56 relating to the term of the office of the President
(d) Article 54 relating to the election of the President

14. Consider the following statements related to Article 368 of the Constitution:
1. A Constitutional Amendment Bill can be passed at a joint session of Parliament in case of
deadlock between the two Houses.
2. It is obligatory for the President of India to give his assent to a Constitutional Amendment
Bill passed under Article 368.
3. To amend 7th Schedule of the Constitution, ratification of more than half of the State
legislatures is essential.
4. A proposal to amend the Constitution can only be introduced in the House of the People.
Which of these are correct?
(a) 1 and 2
(b) 1 and 3
(c) 2 and 3
(d) 1, 2 and 3