What is the Procedure for Amending the Indian Constitution?
Article 368 in Part XX of the Constitution deals with the power of parliament to amend the
constitution and its procedures.
o It states that the Parliament may amend the Constitution by way of addition, variation or
repeal of any provision in accordance with the procedure laid down for the purpose.
o However, the Parliament cannot amend those provisions which form the ‘basic
structure’ of the Constitution. This was ruled by the Supreme Court in
the Kesavananda Bharati case (1973).
It provides for two types of amendments, that is, by a special majority of Parliament and the
special majority of parliament along with the ratification of half of the states legislatures by a
simple majority.
Amendment of certain provisions of the Constitution requires amendment by a simple majority
of each house present and voting. These amendments are not deemed to be amendments
under Article 368.
What is a Simple Majority?
A number of provisions in the Constitution can be amended by a simple majority of the
two Houses of Parliament outside the scope of Article 368.
These provisions include
o Formation of new states and alteration of areas, boundaries or names of existing states,
o Abolition or creation of legislative councils in states,
o Use of official language,
o Citizenship – acquisition, and termination,
o Elections to Parliament and state legislatures,
o Fifth Schedule – administration of scheduled areas and scheduled tribes,
o Sixth Schedule – administration of tribal areas.
What is a Special Majority?
About:
o Under Article 368(2), Parliament can amend the Constitution by passing a Bill with a
special majority.
o Fundamental Rights and Directive Principles of State Policy (DPSP) are the two most
important provisions that can be amended by the special majority, but the amendments
should be within Basic structure of the constitution.
o All provisions that do not require ratification by states, and those that come directly
under the purview of Article 368, can be amended by the special majority.
Special Majority with Consent of Half of States:
o Those provisions of the Constitution which are related to the federal structure of the
polity can only be amended by a special majority of the Parliament and also with the
consent of half of the state legislatures by a simple majority.
o Important provisions that require ratification by the states include the election of
President, Supreme Court and High Courts, representation of states in
Parliament, distribution of legislative powers between the Union and the states, and the
extent of executive power of the Union and the states.
o Most importantly, an amendment to Article 368 itself, requires ratification by the states.
What are the Restrictions to Parliament’s Amending Power?
In the landmark Kesavananda Bharati case 1973, the supreme court has ruled that parliament
has the power to amend any part of the constitution but it cannot alter the “basic structure of
the constitution”.
The constituents of basic structure are not clearly defined by the court. However, it has been
interpreted to provisions like values enshrined in preamble like secularism, equality etc.,
federalism, separation of power, independence judiciary, rule of law etc.
Important Amendments
First Amendment Act, 1951
Added Ninth Schedule to protect the land reforms and other laws included in it from the
judicial review.
Seventh Amendment Act, 1956
Abolished the existing classification of states into four categories i.e., Part A, Part B, Part C,
and Part D states, and reorganised them into 14 states and 6 union territories
Forty Second Amendment Act, 1976
Added three new words (i.e., socialist, secular and integrity) in the Preamble
Added Fundamental Duties by the citizens (new Part IV A) recommended by Swaran
Singh Committee
Fifty-Second Amendment Act, 1985
Provided for disqualification of members of Parliament and state legislatures on the ground
of defection and added a new Tenth Schedule containing the details in this regard.
The 53rd Amendment, of 1986
Granted statehood to Mizoram (23rd state)
Sixty-First Amendment Act, 1989
Reduced the voting age from 21 years to 18 years for the Lok Sabha and state legislative
assembly elections
Sixty-Fifth Amendment Act, 1990
Provided for the establishment of a multi-member National Commission for Scheduled Castes
and Scheduled Tribes in the place of a Special Officer for Scheduled Castes and Scheduled
Tribes
Sixty-Ninth Amendment Act, 1991
Accorded a special status to the Union Territory of Delhi by designing it as the National
Capital Territory of Delhi. The amendment also provided for the creation of a 70-member
legislative assembly and a 7-member council of ministers for Delhi
Seventy Third Amendment Act, 1992
Granted constitutional status and protection to the Panchayati Raj institutions. For this
purpose, the Amendment has added a new Part-IX entitled as ‘the panchayats’ and a
new Eleventh Schedule containing 29 functional items of the panchayat
Seventy Fourth Amendment Act, 1992
Granted constitutional status and protection to the urban local bodies. For this purpose, the
Amendment has added a new Part IX-A entitled as ‘the municipalities’ and a new Twelfth
Schedule containing 18 functional items of the municipalities
Eighty Sixth Amendment Act, 2002
Made elementary education a fundamental right under the Article 21A (6-14 years)
Eighty Ninth Amendment Act, 2003
Bifurcated the erstwhile combined National Commission for Scheduled Castes and Scheduled
Tribes into two separate bodies, namely, National Commission for Scheduled Castes (Article
338) and National Commission for Scheduled Tribes (Article 338-A)
Ninety First Amendment Act, 2003
The total number of ministers, including the Prime Minister, in the Central Council of
Ministers, shall not exceed 15% of the total strength of the Lok Sabha
The total number of ministers, including the Chief Minister, in the Council of Ministers in a
state shall not exceed 15% of the total strength of the Legislative Assembly of that state. But,
the number of ministers, including the Chief Minister, in a state shall not be less than 12
One Hundred and First Amendment Act, 2017
Introduction of the Goods and Services Tax
One Hundred Third Amendment Act, 2019
It introduced 10% reservations for Economic Weaker Section for the first time in
independent India
