Types of amendments

Introduction

  1. Article 368 of the Indian Constitution provides the procedure for amending the Constitution.
  2. Amendments are necessary to address evolving needs and ensure the Constitution remains relevant and effective.
  3. The process of amendment maintains the balance between rigidity and flexibility.
  4. The Indian Constitution is unique in providing three types of amendments, ensuring adaptability while safeguarding core principles.

Types of Amendments

1. By Simple Majority of Parliament

  1. These amendments are not covered under Article 368 but are made through a simple majority in both Houses of Parliament.
  2. They are used to make changes in non-federal provisions like:
    • Admission of new states (Article 2).
    • Formation of new states and alteration of boundaries (Article 3).
    • Changes in the Second Schedule (emoluments, allowances, etc.).
    • Rules related to citizenship (Article 11).
  3. These amendments do not require ratification by the states.

2. By Special Majority of Parliament

  1. This type of amendment is covered under Article 368(2).
  2. A bill must be passed by a majority of the total membership of each House and by a two-thirds majority of members present and voting.
  3. Used to amend provisions that are not fundamental to the federal structure, such as:
    • Fundamental Rights (Part III).
    • Directive Principles of State Policy (Part IV).
    • Representation of states in Parliament.
  4. State ratification is not required for such amendments.

3. By Special Majority of Parliament and Consent of States

  1. This procedure applies to amendments that affect the federal structure of the Constitution.
  2. In addition to the special majority in Parliament, these amendments require the ratification by at least half of the state legislatures.
  3. Examples include:
    • Election of the President (Article 54).
    • Distribution of legislative powers between the Union and states (Article 245–255).
    • Any change in the representation of states in Parliament.
  4. This ensures the participation of the states in altering the federal provisions of the Constitution.

Procedure for Amendment

  1. An amendment can be introduced in either House of Parliament as a Constitution Amendment Bill.
  2. The bill must be passed in each House by the required majority as per the type of amendment.
  3. There is no provision for a joint sitting in case of a disagreement between the two Houses.
  4. For certain amendments, ratification by at least half of the state legislatures is required.
  5. The bill is sent to the President for assent, who cannot withhold or return it.

Significant Amendments

  1. First Amendment (1951): Introduced changes to Fundamental Rights to address land reforms and reservation policies.
  2. 42nd Amendment (1976): Known as the "Mini-Constitution," it introduced significant changes, including the addition of "secular," "socialist," and "integrity" to the Preamble.
  3. 44th Amendment (1978): Reversed provisions of the 42nd Amendment and strengthened Fundamental Rights.
  4. 73rd and 74th Amendments (1992): Provided constitutional status to Panchayati Raj institutions and urban local bodies.
  5. 101st Amendment (2016): Introduced the Goods and Services Tax (GST).

Features of the Amendment Process

  1. The amendment process is a blend of rigidity and flexibility.
  2. It protects the basic structure of the Constitution through the Basic Structure Doctrine established by the Supreme Court in the Kesavananda Bharati case (1973).
  3. Ensures the participation of both Parliament and state legislatures for federal amendments.
  4. The process ensures the sovereignty of the Constitution while accommodating changing circumstances.

Limitations of the Amendment Process

  1. Amendments cannot alter the basic structure of the Constitution as per the Supreme Court's judgment in the Kesavananda Bharati case.
  2. The process is time-consuming and requires significant consensus.
  3. Some provisions may be too rigid, limiting adaptability.
  4. Political influences can affect the amendment process.

Conclusion

The amendment process under Article 368 is a cornerstone of the Indian Constitution, ensuring its adaptability to changing times while safeguarding its fundamental principles. The balance between rigidity and flexibility ensures that the Constitution remains dynamic yet stable, guiding India's governance.

Category
Amendments of the Constitution
The Constitution of India
Indian Polity and Governance
Article 368 of the Indian Constitution deals with:
How many types of amendments are provided under Article 368?
Which of the following is not a method of amendment under Article 368?
An amendment requiring a simple majority is considered:
Special majority is required for amendments under which article?
Which type of amendment requires the approval of half of the state legislatures?
Which schedule of the Constitution is amended using a simple majority?
The basic structure doctrine limits amendments under which article?
Which amendment method was used to abolish privy purses in 1971?
The Constitution (42nd Amendment) Act, 1976, is also known as:
Which type of amendment is used for changes in Fundamental Rights?
Who has the authority to initiate a constitutional amendment?
The procedure for amending the Indian Constitution is modeled after which country?
An amendment to add a new state to the Union requires:
Which amendment procedure is considered rigid?
Article 368 provides for amendments of which nature?
Which amendment added the words "Socialist" and "Secular" to the Preamble?
The Ninth Schedule of the Constitution was added by which amendment?
Which body ratifies amendments requiring state ratification?
Changes to the representation of states in Parliament require:
Which amendment granted constitutional status to panchayati raj institutions?
Can the President refuse to sign a constitutional amendment bill?
Which of the following amendments is an example of a flexible amendment?
The concept of the "basic structure" was propounded in which case?
An amendment to increase the number of Lok Sabha seats requires:
Which type of amendment requires both Houses of Parliament to pass the bill by a special majority?
Amendments to Fundamental Duties require which type of majority?
Changes to the federal structure of the Constitution require:
The Tenth Schedule was added to the Constitution by which amendment?
How many times has Article 368 been directly amended?
An amendment to the Constitution can be initiated in:
The 44th Amendment Act was passed to reverse provisions of which amendment?
The 101st Amendment Act introduced which major change?
Which type of amendment is the easiest to pass?