The people who wrote the Constitution understood that a very rigid document would not meet the needs of future generations. They believed that the Constitution should adapt over time. Therefore, they created Part-XX (Article 368) to outline how to amend the Constitution.

Amendment Procedure

Introduction of a bill

• Exclusive power of Parliament: An amendment to the constitution may be introduced in either house of Parliament. State legislatures lack the ability to propose such a bill.
• Introduced by: Any member of Parliament has the ability to introduce an amendment bill. 
• No prior approval: The introduction of this bill does not require prior recommendation or approval from the President.

Legislative procedure in Parliament

• Majority: This bill needs to be approved by a special majority in both Houses, which consists of a majority of the total membership and a two-thirds majority of those present and voting.
• No Joint sitting: Each House must separately pass the bill. If there is a disagreement, there is no provision for a joint session of the two Houses to discuss and pass the bill.

Ratification by state legislatures

• If the bill aims to change the federal aspects of the Constitution, it must also receive ratification from the legislatures of at least half of the states by a simple majority.

Presidential assent

• After being duly passed by both Houses of Parliament and ratified by state legislatures when required, the bill is submitted to the President for assent.
• The President must provide his assent to the bill; he cannot refuse it or send it back to Parliament for further consideration. (The 24th constitutional amendment mandates that the President must give his assent to constitutional amendment bills.)
• After receiving the President’s assent, the bill becomes an Act (specifically, a Constitutional Amendment Act), and the Constitution is modified in accordance with the Act’s provisions.

Types of amendments

Indian constitution can amended using three different methods as follows:

• Amendment by a simple majority

1. • This type of amendment is not included under Article 368.
   • Required majority: Amendments under this category are done through a bill passed by each house of the parliament with a majority of members present and voting i.e. simple majority. Such amendments are like any ordinary law of the parliament.
   • Source of amending power: The constitution, in some articles, mentions that a particular provision may be amended by a law of parliament. E.g. Article 2 of the Constitution grants the Parliament the authority to admit new states into the Union of India through legislation.
   • Scope of amendments: Provisions of the Constitution that can be modified with a simple majority include: 
     • Establishing or dissolving legislative councils in states, 
     • Quorum in the Parliament,
     • Members of Parliament’s salaries and benefits,
     • The procedural rules of Parliament, 
     • The privileges of Parliament, its members, and its committees, 
     • The use of English in Parliament, 
     • The number of puisne judges in the Supreme Court, 
     • Granting more jurisdiction to the Supreme Court, 
     • Citizenship: acquisition and termination, 
     • Elections for the Parliament and state legislatures, among others..
   • Amendments through this category showcase the flexible nature of our constitution.

There are two types of amendments described below that are allowed under Article 368 of the Constitution.

• Amendment by a special majority of the Parliament

1. • Required majority: Amendments in this category necessitate a bill passed by both houses of Parliament with a majority of the total members and a majority of two-thirds of the members present and voting, known as a special majority.
   • Example: Suppose there are 540 members of the Lok Sabha present in the house and only 531 members exercise their vote. For an amendment bill to be passed in the Lok Sabha under this category, it must meet the following criteria:
     • The amendment bill must be endorsed by a majority of the total members, i.e., 273. 
     • The amendment bill must receive the backing of a two-thirds majority of the members who are present and voting.
   • Scope of amendments: Provisions that can be amended with a special majority include Fundamental Rights, Directive Principles of State Policy, and those provisions not covered by the other two categories of amendment.

• Amendment by special majority of parliament and ratification by state legislatures

1. • The provisions of the Constitution related to the federal structure can be amended through this category of amendments.
   • Required majority: In addition to the special majority of both houses of Parliament (as explained above), an amendment bill must also be ratified by half of the state legislatures. This ratification by state legislatures can be achieved with a simple majority, and there is no time limit for this ratification.
   • Scope of amendments: The provisions that can be amended under this category include-
     • The process in which the President is elected.
     • The extent of the Union’s and states’ executive powers.
     • Distribution of legislative functions between the Union and the states.
     • High courts and the Supreme Court.
     • Any of the lists under the seventh schedule.
     • States’ representation in Parliament.
     • The power of Parliament to amend the Constitution, as well as its procedure (Article 368 itself).
     • Goods and Services Tax Council
   • This category of amendments showcase the rigid nature of our constitution.

Criticism of Amendment Procedure

• Limited role of states: Under Article 368, only Parliament has the authority to amend the Constitution; state legislatures cannot propose constitutional amendments. Ratification by the states is necessary only in specific cases and requires approval from half of the state legislatures.
• Excessive powers to parliament: There is a significant amount of power granted to Parliament, allowing it to change most provisions of the Constitution. Only in a few cases does the consent of state legislatures is required.
• Dual role of parliament: There is no separate constituent assembly like in the USA for amending the constitution. Our Parliament holds both the power to create constitutional laws and standard legislation.
• No provision for a joint sitting: There is no provision for resolution of a deadlock over a constitutional amendment bill through joint sitting of both houses of the parliament.
• Similar to how ordinary law is made: The process of changing the constitution is similar to the process of making ordinary laws. The constitutional amendment legislation must be passed by Parliament in the same way as other laws, except that it needs a special majority.

Analyzing the Content of Key Amendments

Recently, the Constitution (105th Amendment) Act, 2021 came into effect. The constitution of India has undergone significant changes through 105 amendments. Content of these amendments can be broadly classified into following groups:

Amendments to implement minor modifications 

• Nature of amendments: Amendments under this grouping are of a technical or administrative nature. They are only clarifications, explanations, and minor modifications of original provisions of the constitution. 
• Examples of amendments: The Constitution (15th amendment) Act, 1963 raised the age of retirement of High Court judges from 60 to 62 years, The Constitution (104th Amendment) Act, 2020 extended reservations of seats for SCs and STs in Lok Sabha and state assemblies, etc. Such amendments did not make any substantial changes in the original provisions of the constitution.

Amendments due to differing interpretations

• Nature of amendments: Amendments under this grouping are the result of different interpretations of the provisions of the constitution by the Judiciary and the government of the day. 
• There are examples where the government has resorted to amendment of the constitution to overcome the ruling by the judiciary. The constitution was amended 20 times between 1970 to 1977, many of those amendments were made to overcome adverse interpretations by the judiciary. 
• Example: The Supreme Court in Golaknath case, 1967 interpreted that the definition of law under article 13 includes constitutional amendment. Constitution (24th Amendment) Act, 1971 was passed to overcome the Supreme Court judgement in Golaknath case. This amendment provided that the provisions of article 13 do not apply to constitutional amendments under article 368.

Amendments through Political consensus 

• Nature of amendments: Amendments under this grouping are the result of consensus achieved among political parties on changing needs of time and prevailing socio-economic conditions in the country.
• Many amendments made since 1984 exemplify this trend.
• Example: The Constitution (52nd Amendment) Act, 1985 in relation to curbing political defections, The Constitution (73rd Amendment) Act, 1992 in relation to the Panchayati Raj Institutions, etc.

One remarkable aspect of the Indian Constitution is its unique combination of rigidity and flexibility. The over 100 amendments since the Constitution’s commencement serve as evidence of its flexible character, while the emphasis on maintaining the principles of constitutional morality as set forth in the original document highlights the significance of its more rigid aspects. 

Our Constitution has proven to be a dynamic framework that adapts to various situations and challenges as they arise. It is important to revise the Constitution to reflect the aspirations of the populace, but it is equally crucial to safeguard the core values and principles that uphold its structure.