The procedure for amending the Indian Constitution is a unique blend of flexibility and rigidity, designed to ensure the document evolves with time while protecting its core federal and democratic values.

Constitutional Provisions: Article 368

The primary authority for amending the Constitution is found in Part XX, Article 368.

• Article 368 grants Parliament the power to amend the Constitution by way of addition, variation, or repeal.
• A Constitutional Amendment Bill can be introduced in either House of Parliament (Lok Sabha or Rajya Sabha).
• It can be introduced by either a Minister or a Private Member and does not require prior permission from the President.
• Unlike ordinary bills, there is no provision for a joint sitting if the two Houses disagree. The bill must be passed by each House separately

Types of Majorities Required

There are three ways the Constitution can be amended, depending on the significance of the provision:

1. Simple Majority of Parliament

These amendments are technically outside the scope of Article 368. They are passed like ordinary laws (majority of those present and voting).

Examples: Admission or establishment of new states, abolition or creation of legislative councils in states, and changes to the Second, Fifth, or Sixth Schedules.

2. Special Majority of Parliament (Article 368)

Most provisions are amended this way. It requires:

1. Absolute Majority: More than 50% of the total membership of each House.
2. Working Majority: A majority of not less than two-thirds of the members of that House present and voting.

Examples: Fundamental Rights, Directive Principles of State Policy, and all other provisions not covered by the other two categories.

3.) Special Majority + State Ratification

This is used for “Federal Provisions” that affect the rights and powers of the States.

• Requirement: After being passed by the Special Majority in both Houses, the bill must be ratified by the legislatures of at least half of the States by a simple majority.

Examples:

• Election and manner of the President (Articles 54, 55).
• Extent of executive power of the Union and States (Articles 73, 162).
• The Supreme Court and High Courts.
• Distribution of legislative powers (7th Schedule Lists).
• Representation of states in Parliament.
• Article 368 itself.

Once the bill is passed by both Houses (and ratified by states if necessary), it is presented to the President.

Under the 24th Amendment Act (1971), the President must give assent to a Constitutional Amendment Bill.

The President cannot withhold the bill or return it for reconsideration.