Amendment in Indian Constitution: Procedure, Types, Importance

The Amendment to the Indian Constitution ensures that the provisions and interpretation of the Constitution remain relevant in the changing times. The topic was highly debatable for several years until the landmark judgment in the Kesavananda Bharati case resolved the conflicts surrounding it. From the first case of Shankari Prasad to the last judgment of Kesavananda over the issue of amendment in the constitution, it created much chaos for political thinkers and Indian citizens over the infringement of their fundamental rights.

In this article, we are going to cover the Method, Procedure, List of Important Amendments in the Indian Constitution, Types of Amendment and constitutional Amendment Process in India, and many more.

Amendment in the Constitution of India under Article 368

The process by which Parliament may modify the Constitution is outlined in Article 368. The steps are as follows:

• The bill will be presented in the Parliamentary Houses.
• A two-thirds majority of those in attendance and eligible to vote must approve the law, as well as an absolute majority (whether present or absent). No joint meeting is planned in the event that the two houses cannot agree.
• The bill is presented to the president, who signs it into law after receiving the majority.

There must be approval by at least half of the country in order to change the clause mentioned in Article 368. The state legislature should make the choice necessary for approval. But before the amended law is sent to the President for approval, this needs to be passed.

Total Amendments in the Indian Constitution Till 2023

Since its original enactment in 1950, the Indian Constitution has undergone 106 amendments as of September 2023. The Indian Constitution can be amended in three different ways, the second and third of which are governed by Article 368.

• The first category of amendments consists of those that can be approved by a “simple majority” in each chamber of the Indian Parliament.
• The second category of amendments comprises those that the parliament may enact with the support of a designated “special majority” in each chamber.
• The third category of amendments consists of those that need to be approved by at least half of the State Legislatures in addition to having a “special majority” in each house of parliament.

Amendments Nos. 3, 6, 7, 8, 13, 14, 15, 16, 22, 23, 24, 25, 28, 30, 31, 32, 35, 36, 38, 39, 42, 43, 45, 46, 51, 54, 61, 62, 70, 73, 74, 75, 79, 84, 88, 95, 99, 101, and 106 are the third category of amendments added to the constitution.

Method of Amendments in the Indian Constitution

There are two types of methods/modes of reconciling the Amendments

1. Informal method
2. Formal method: (a) Flexible (b) Rigid

1. Informal method

It is a process of judicial interpretation that assigns new meaning to the existing text. It is a slow process and develops on a case-to-case basis.

2. Formal method

This method consists of a formal process of amendment of the constitution by changing the text of the constitution.

Depending upon the procedure of amendment it can be classified as flexible and Rigid.

• Flexible: The constitution can be changed by the ordinary legislative process. It is just like enacting an ordinary law. There is no distinction between the ordinary legislative process and the constituent process in this process. For example, the British Constitution can be amended by the ordinary law of Parliament.
• Rigid: The rigid process of amendment is more elaborate and difficult than the flexible process. Thus, the Constitution cannot be amended by ordinary law. A different set of procedures is laid down for the amendment of the Constitution. In a rigid constitution, there is a difference between the ordinary legislative process and the constituent process.

Amendment of Indian Constitution Procedure

Article 368 prescribes the procedure and power of the Parliament to amend the constitution. The constitution of India is a fine mixture of rigidity and flexibility depending upon the significance of the provisions of the constitution the degrees of residency of the amendment are different. To amend any bill, it must be placed before any house of the Parliament, and no prior permission of the President is required, to introduce that bill in any house of the parliament.

When any Bill is passed by both houses of parliament with the majority of the total number of members of each house (i.e. more than 50 percent) and at least two-thirds majority of the members present and voting, then the Bill is presented before the President who will be bound to give his/her consent for the same. There is no time limit within which the President must give his assent. After the approval of the President on the Bill, the Constitution will be amended. According to the 24th Amendment Act, 1971 President “shall give his assent” under clause (2) of Article 368, thus this has taken away the President’s power to veto a bill for the amendment of the constitution.

Types of Amendments in Indian Constitution

The Constitution provides the following Three types of Amendments:

1. Amendment by simple majority of the Parliament
2. Amendment by special majority of the Parliament
3. Amendment by Special Majority and Ratification by the States

1. Amendment by Simple Majority

A simple majority of Parliament is done for the amendment of these provisions. These Articles are excluded from the purview of Article 368. A simple majority means a majority of more than 50% of the members present and voting in the house.

Articles which are amendable by the simple majority are:

• Article 4: Provision related to admission or establishment of a new state, formation of a new state, alteration of state, or any such thing related to articles 2 & 3 of the Constitution can be amended by the simple majority.
• Article 169: Provision related to abolition or creation of legislative councils in the state can be amended by parliament by a simple majority.
• Article 239 A: Provision related to the creation of local legislature for certain unions.
• Also, salaries, etc of judges under Article 125, a few provisions related to vice president, president, etc., and provisions related to terminating the citizenship all can be amended by a simple majority.

2. Amendment by Special Majority of the Parliament

All other provisions of the Constitution which are not included in No. (1) and (3) are placed in this category. For amendment in these provisions, a special majority of Parliament is required. Special Majority means the majority of the total membership of the House as well as a majority of not less than 2/3 of members of that House present and voting.

A few provisions which can only be amended by the special majority in both houses are:

• Fundamental Rights (Article 12 to Article 35);
• DPSP (Directive Principles of State Policy- Article 36 to 51) and
• All those provisions except the specific provisions mentioned in Article 368.

3. Amendment by Special Majority and Ratification by the States

Provisions that are the basis of the federal structure are included in this category. These are vital matters where States have important powers and any unilateral amendment may adversely affect the interest of States. For incorporating amendments in these provisions, a Special Majority of each House of Parliament, as well as ratification by not less than half of the States, is required.

The following provisions are required for such ratification:

• Election of the President (Articles 54 and 55);
• The extent of Executive powers of the Union and States [Article 73, 162, 241 or 279A];
• Articles dealing with the Supreme Court and High Court (Chapter 4 of Part-V and Chapter 5 of Part-IV);
• Articles dealing with the High Court of Union Territories (Article 241);
• Distribution of Legislative Powers between the Union and State (Article 245-255);
• Goods and Service Tax Council (Article 279A) [Inserted by Constitution (101) Amendment Act, 2016]
• Representation of the state in Parliament (Articles 80 and 81)
• Any of the lists of the seventh schedule
• Article 368 itself.

List of Important Amendments in Indian Constitution

The Indian Constitution has undergone the following major amendments:

1. First Amendment (1951): It strengthened property owners’ rights and made it more challenging for the government to implement land reform policies. Also, the Ninth Schedule was added, protecting a number of legislations from legal challenges.
2. Fourth Amendment (1955): It gave the government the right to assume control of estates owned by “absentee landlords,” or landlords who did not reside on or maintain the land.
3. Seventh Amendment (1956): It was approved in 1956 and expanded the government’s authority to purchase land for public use and to compensate the owners.
4. Eleventh Amendment (1961): This amendment gave the government the authority to assume control of “inam” property, which were lands that the government had awarded to people or organizations.
5. Sixteenth Amendment (1966): It gave the government the right to tax revenue from agriculture.
6. Eighteenth Amendment (1971): It greatly modified the Indian Constitution by introducing a new state Meghalaya, adding the language Santhali to the Eighth Schedule, and doing away with the privy purses of the erstwhile princely state rulers.
7. Twenty-Fifth Amendment (1971): It was enacted in 1971, made the right to own property a legal rather than a fundamental one.
8. Thirty-ninth Amendment (1975): Following Sikkim’s merger with India, this amendment preserved the state’s constitutional standing.
9. Forty-second Amendment (1976): It included the Fundamental Duties of Citizenship and added the terms “secular” and “socialist” to the Preamble, among other amendments to the Indian Constitution.
10. Forty-fourth Amendment (1978): It was enacted in 1978, reversing many of the amendment’s previous modifications and restoring individuals’ rights and liberties.
11. Fifty-second Amendment (1985): The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act was acknowledged as a fundamental right by the 52nd Amendment (1985).
12. Sixty-First Amendment (1989): It reduced the voting age from twenty-one to eighteen.
13. Sixty-ninth Amendment (1991): It established Delhi as the nation’s capital and designated it as a Union Territory with its own legislature.
14. Seventy-third Amendment (1992): It established the reservation of seats for Scheduled Castes and Scheduled Tribes in panchayats, acknowledging the right to panchayats (local self-governments) as a basic right.
15. Seventy-fourth Amendment (1992): The 1974 Amendment acknowledged the right to municipalities, or local self-governments, as a basic freedom and stipulated that seats in municipalities would be reserved for members of Scheduled Castes and Scheduled Tribes.
16. Seventy-seventh Amendment (1995): It guaranteed seats in cooperative societies for members of Scheduled Castes and Scheduled Tribes.
17. Ninety-third Amendment (2006): It established the provision for higher education institutions to reserve seats for members of Scheduled Castes and Scheduled Tribes.
18. Ninety-Fifth Amendment (2009): It established the provision for the reservation of seats in government job promotions for members of Scheduled Castes and Scheduled Tribes.
19. One Hundred and Third Amendment (2019): It allowed for the reserve of places in higher education institutions for members of society who are less well off financially.
20. One Hundred and Fifth Constitutional Amendment Act (2021): The most recent amendment to the Indian Constitution as of 2021 is the 105th Constitutional Amendment Act. The 105th Amendment Bill seeks to restore the ability of state governments to identify OBCs who face social and intellectual disadvantages.

First Amendment Act, 1951

The Constitution (First Amendment) Act, 1951 was made under the tenure of Jawaharlal Nehru. The motion was made on May 10 of that year, and Parliament passed it on June 18 of the same on the same year.

• The First Amendment to the Indian Constitution changed certain rights.
• It allowed for restrictions on freedom of speech and expression.
• It supported getting rid of the zamindari system.
• It clarified that laws could give special consideration to vulnerable groups.
• The reason given for this amendment was that legal challenges were delaying land reform.
• The amendment changed multiple articles of the Constitution.
• It allowed for saving laws about acquiring land.
• Three more reasons for restricting freedom of speech were added.
• Restrictions were made “reasonable” and subject to legal review.
• It said states could control trade without violating the right to trade.
• The Ninth Schedule protected certain laws from being challenged in court.
• Two new articles were added after Article 31.

Importance of Amendments in the Indian Constitution

Framers felt that the Constitution in India has to be in accordance with people’s aspirations and the shifting dynamics of society. They did not see the Constitution of India as a holy, unchanging law. So, they made provisions “Power of Parliament to amend the Constitution and Procedure”, which was adopted from South Africa and was inserted in Part XX of the Indian Constitution (Article 368). These changes are called constitutional amendments.

Needs for amendments in the Constitution, as follows:

• Amendments to the Constitution have played a crucial role in adapting the Constitution to the changing needs, and aspirations of a diverse society.
• It addresses societal challenges and upholds the principles of justice, equality, and democracy.
• It reflects the evolution of the country’s political landscape and governance structures.
• Past errors in the original Constitution can be rectified through amendments.
• Amendments to the Constitution may be necessary to align the Constitution with international treaties and agreements.
• Further, the process of amending the Constitution involves parliamentary debate and discussion, promoting a democratic spirit in making laws.
• Thus, the amendments in the constitution can promote overall national progress and development by adapting the legal framework to changing circumstances.

Amendment of Fundamental Rights

The basic question that was discussed in various judgments of the Supreme Court was whether the fundamental rights were amendable in such a manner to take away or abridge fundamental rights. For the first time in Shankari Prasad vs. Union of India, this question came out before the Supreme Court was adjudging the validity of the first Constitutional Amendment which was enacted to remove certain difficulties in the implementation of Directive Principles.

Amendment of fundamental rights case laws: The Supreme Court held that law in Article 13 includes only ordinary law made under the exercise of ordinary legislative procedure; it does not include the Constitutional Amendment which is made in the exercise of constituent power. Many controversies and many new amendments and laws were made regarding the amendment of fundamental rights but at last, the Supreme Court in Kesavananda Bharati vs the State of Kerala finally held that the power to amend the constitution is found in Article 368 itself.

The court held that the Parliament can amend any part of constitution but it cannot amend basic structure of the constitution the power of amendment cannot be exercised in such a manner which takes away or a bridge basic structure of the constitution Amendment which affects basic structure is ultra-vires Supreme Court gave an illustrative list of certain features which are regarded as the basic structure.

FAQs on Amendments of the Indian Constitution

What are the limitations of amending the Constitution of India?

The only limitation is that the parliament cannot amend any of the basic provisions of the constitution using Article 368 of the constitution. Such a limitation came after various Supreme Court judgments.

What are the subjects of our Constitution Cannot be amended?

The basic features as per the Basic Structure Doctrine of the Indian Constitution given by the Supreme Court, such as the supremacy of the constitution, the rigidity of the Constitution, sovereignty, territorial integrity, the federal system, separation of powers, fundamental rights, independence of the Judiciary, judicial review, conduction of free and fair elections, secularism, etc are not amendable through Article 368.

What are the fundamental rights Cannot be amended?

The Parliament of India have the right to amend the constitution from time to time to meet the current law needs and aspiration of the country’s citizens. However, as per the Hon’ble Supreme Court “all provisions of the Constitution, including fundamental rights, can be subject to amendment, but Parliament cannot alter/ ignore the basic structure of the Constitution.

Which article of the Constitution grants the power to amend the constitution to the Indian Parliament?

Article 368 (1) of Part XX of the Constitution of India grants power to Parliament to amend the constitution including addition, variations, or ratification, and repeal of any provision of the constitution.

How many constitutional amendments have been made by the Indian Parliament so far?

As of September 2023, There are 105 amendments to the Constitution of India since it was first enacted in 1950. The 105th Amendment Act of 2021 brought the latest amendment to the Indian Constitution. It was made to clarify that the states can maintain the “state list” of OBCs.

What are the 5 most important amendments in Indian Constitution?

Here are the 5 most important amendments in Indian Constitution:

1. First Freedoms of Religion, Speech, Press, Assembly, and Petition.
2. Second Right to Bear Arms.
3. Third Lodging troops in private homes.
4. Forth Search and Seizure.
5. Fifth Rights of the Accused

What is the latest amendment in the Indian Constitution?

105th Amendment Act of 2021 is the latest amendment in the Constitution of India. For more go to the Latest amendment in Indian Constitution.