Article 368 in Part XX of the constitution provides the amending powers to the parliament. The constitution-makers were aware of the fact that the needs of the growing democracy are dynamic, and hence the constitution should have space to accommodate new needs. So they made the amendment procedure flexible enough to meet these needs and rigid enough that it is not easy to amend everything.

Constitutional Amendment is an important topic for the UPSC Exam. An Aspirant is expected to know the various types of Amendments available for the lawmakers and what type of Amendment is used in different scenarios.

What are Constitutional Amendments?

• Making changes to the constitution, which is the governing law of the land, is known as a constitutional amendment.
• Changing or altering the constitution necessitates a formal modification to the written text of the country's constitution. It entails the addition of a new article or clause, the deletion of an existing article or clause, or the improvement of existing articles.
• The text of the constitution has also been modified in other areas. The constitution's amendment requires it to go through a specific procedure, which includes passing it via multiple legislative assemblies before being sent to the president for final approval and signature.

Constitutional Provisions

• Part XX, Article 368, deals with Parliament's power to modify the Constitution and the procedure for doing so. It keeps the Indian Parliament's arbitrary power under check.
• Article 368 of the Constitution sets forth the mechanism for amending the Constitution, which states that an amendment can only be commenced by introducing a Bill in either House of Parliament, which must be passed by both.
• The Bill must be passed by both houses with a total majority (regardless of vacancies or absentees) and a majority of not less than 2/3rds of those present and voting.
• In the event of disagreement, there is no provision for a joint sitting.
• It must be ratified by not less than half of the states in order to alter provisions stated in Article 368, such as amending federal features.

Types of Amendments

The Constitution can be amended in one of three ways:

Amendment by a simple majority of the Parliament

A simple majority of the two houses of Parliament can change a number of provisions in the Constitution, which is outside the ambit of Article 368. The following are some of the provisions:

• Admission or establishment of new states
• New states are formed, and existing states' areas, boundaries, and names are changed.
• Legislative councils are abolished or created in states.
• Second Schedule-emoluments, allowances, and privileges of the president, governors, Speakers, and judges, among others.
• Parliament quorum.
• Members of Parliament's salaries and benefits.
• The rules of procedure of the Parliament
• Parliamentary privileges, members' privileges, and committee privileges.
• Use of the English language in Parliament
• A number of puisne judges in the Supreme Court.
• Conferment of more jurisdiction on the Supreme Court.
• Citizenship: acquisition and termination
• Elections to the Parliament and state legislatures.
• Constituency delimitation.
• Union Territories
• Administration of scheduled territories and scheduled tribes is the fifth schedule.
• Administration of tribal territory is covered by the Sixth Schedule.

Amendment by a special majority of the Parliament

The procedures outlined in Article 368 may be used to change the Constitution's provisions other than those mentioned above. Here's how it'll work:

• Only in either House of the Union Parliament can an amendment to the Constitution be proposed as a Bill.
• The Bill will be forwarded to the President for his assent when it has been passed by a majority of that House's total membership and by not less than two-thirds of the House's membership present and voting.
• The president must give his assent to the bill. He/She can neither withhold assent nor return the bill for reconsideration of the Parliament.
• After the President’s assent, the bill becomes the Act and the Constitution is altered in line with the Act's terms.

Amendment by a special majority of the Parliament and at least half of the state legislatures' ratification

• Provisions related to the federal structure of the polity can be amended by a special majority with ratification by half of states with a simple majority.
• There is no time limit described for states to give consent,the moment half of the states give their consent,the formality is completed.

Following provisions fall in this category

1. Election of President and its manner.(Article 54 & 55).
2. Extent of executive power of the Union and the State (Article 73 and 162).
3. Distribution of legislative powers between the Union and the states.
4. Lists in the 7th Schedule.
5. Provision pertaining to the Supreme Court (Part V- Chapter 4).
6. Provision pertaining to the High Courts (Part VI- Chapter 5).
7. Representation of State in the Parliament (Articles 80 & 81)
8. Provision dealing with the amendment of the Constitution (Article 368) itself.

Conclusion

Despite shortcomings, the method for Amending the Constitution has shown to be straightforward and easy to implement, and it has met the changing demands and situations. The method is not so adaptable that the ruling parties may modify it at their leisure. It is also not so inflexible as to be incapable of adapting to changing demands. It, as K.C. Wheare correctly stated, "strikes a reasonable balance between flexibility and stiffness."

FAQs

MCQs

1. Which of the following types of amendments requires ratification by at least half of the state legislatures?

A) Simple amendments
B) Special amendments
C) Amendments affecting the federal structure
D) All amendments

2. What is the minimum majority required to amend the Indian Constitution under Article 368?

A) Simple majority
B) Special majority
C) Absolute majority
D) Unanimous consent

3. Which part of the Indian Constitution cannot be amended under any circumstances?

A) Preamble
B) Directive Principles of State Policy
C) Fundamental Rights
D) Basic Structure

4. Which of the following amendments abolished the Privy Purses?

A) 42nd Amendment
B) 44th Amendment
C) 52nd Amendment
D) 86th Amendment

5. Which article of the Indian Constitution deals with the amendment process?

A) Article 368
B) Article 369
C) Article 370
D) Article 371

GS Mains Questions and Model Answers

Q1: Explain the process of amending the Indian Constitution. How does it ensure both flexibility and stability?

Answer: The process of amending the Indian Constitution is defined under Article 368, and it is designed to allow for both flexibility and stability. Amendments can be made by Parliament with a special majority, and in some cases, ratification by state legislatures is required. This dual requirement ensures that while the Constitution remains adaptable to new circumstances, it cannot be changed too easily, preserving its stability and fundamental principles. The amendment process also distinguishes between changes that affect the federal structure and those that do not, requiring more stringent procedures for the former.

Q2: Discuss the significance of the basic structure doctrine in the context of constitutional amendments in India.

Answer: The basic structure doctrine, established in the Kesavananda Bharati case (1973), asserts that certain features of the Indian Constitution, such as its democratic framework, the rule of law, and judicial independence, cannot be altered through amendments. This principle ensures that while the Constitution can be amended to address evolving needs, its core values and structures are preserved. The doctrine has played a critical role in safeguarding the fundamental integrity of the Constitution, preventing any changes that might undermine its democratic and secular nature.

Q3: How have constitutional amendments shaped the political and social landscape of India?

Answer: Constitutional amendments have played a pivotal role in shaping India's political and social landscape. Amendments have addressed issues such as the rights of citizens, the role of the state, and the balance of power between different branches of government. For instance, the 42nd Amendment (1976) emphasized the Directive Principles of State Policy, while the 44th Amendment (1978) reduced the powers of the President and abolished the Privy Purses. Such amendments have made the Constitution more reflective of the changing needs of society, while also ensuring that its core values remain intact.

Previous Year Questions on Constitutional Amendments

1. UPSC CSE Prelims 2021:

Question: Which of the following types of constitutional amendments require ratification by the state legislatures?

A) Simple amendments
B) Amendments affecting the federal structure
C) Amendments to the Fundamental Rights
D) None of the above

Answer: (B)

Explanation: Amendments that affect the federal structure, such as changes to the distribution of powers between the Centre and states, require ratification by at least half of the state legislatures.

2. UPSC CSE Mains 2017 (GS Paper 1):

Question: "Discuss the role of Article 368 in the constitutional amendment process in India."

Answer: Article 368 outlines the procedure for amending the Indian Constitution. It provides the framework for Parliament to make amendments, subject to the conditions specified in the article. Some amendments require a simple majority, while others require a special majority or ratification by the state legislatures. This article ensures that constitutional amendments can address new challenges while maintaining the integrity of the Constitution's core principles.

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