Indian Constitution Amendment

Indian Constitution Amendments: List, Procedure, and Limitations

Article 368 of the Indian Constitution empowers the Parliament to amend the Constitution, ensuring that it remains a living document. The amendment procedure strikes a balance between rigidity (like in the USA) and flexibility (like in the UK). However, Parliament’s powers are not unlimited—amendments cannot alter the Basic Structure of the Constitution, as laid down in the Kesavananda Bharati case (1973).

What is a Constitutional Amendment?

A Constitutional Amendment refers to any change made to the Constitution to meet new political, social, or economic needs. The framers of the Constitution provided a structured process to safeguard the document from hasty changes while allowing necessary reforms.

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Methods of Amending the Indian Constitution

 
Amendments can be made in three ways:

Mode of Amendment	Requirement	Examples
By Simple Majority	Passed by more than 50% of members present and voting	Admission/establishment of new states (Art. 2), Citizenship, Elections, Fifth Schedule
By Special Majority	Majority of total membership + two-thirds of members present and voting in each House	Fundamental Rights, DPSPs, etc.
By Special Majority + State Ratification	Special majority in Parliament + ratification by 50% of State Legislatures (simple majority)	Federal provisions: Election of President, Seventh Schedule, Representation of States in Parliament, Article 368 itself

Procedure of Amendment under Article 368

1. Introduction of Bill – Can be introduced in either House by a minister or private member (no prior Presidential approval needed).

2. Parliamentary Approval – Must be passed by the prescribed majority in each House (no joint sitting provision).

3. State Ratification (if required) – Needed for federal provisions.

4. Presidential Assent – President must give assent; cannot return the bill.

5. Enactment – After assent, the bill becomes a Constitutional Amendment Act.

Major Constitutional Amendments in India

Amendment	Provisions
1st (1951)	Empowered state for social/economic uplift of backward classes; Added Ninth Schedule
42nd (1976)	Known as “Mini Constitution”; Added Fundamental Duties; Introduced Socialist, Secular, Integrity in Preamble; Extended Lok Sabha tenure to 6 years; Limited Judicial Review
44th (1978)	Restored Lok Sabha term to 5 years; Replaced “internal disturbance” with “armed rebellion”; Removed Right to Property as Fundamental Right
52nd (1985)	Anti-Defection Law; Added Tenth Schedule
61st (1989)	Reduced voting age from 21 to 18
69th (1991)	Delhi made National Capital Territory with Assembly & Council of Ministers
73rd (1992)	Constitutional status to Panchayati Raj; Added Eleventh Schedule
74th (1992)	Empowered Urban Local Bodies; Added Twelfth Schedule
86th (2002)	Right to Education up to 14 years; Early childhood care up to 6 years

Limitations on Parliament’s Amending Power

The Basic Structure Doctrine (Kesavananda Bharati, 1973) restricts Parliament from altering the core values of the Constitution. Key judgments include:

1. Minerva Mills (1980) – Parliament cannot remove judicial review.

2. L. Chandra Kumar (1997) – Tribunals cannot replace High Court’s judicial review.

3. I.R. Coelho (2007) – Ninth Schedule laws subject to judicial review if violating Basic Structure.

4. NJAC Case (2015) – Struck down 99th Amendment (Judicial Appointments) to protect judicial independence.

Challenges

1. No State Initiative – Only Parliament can introduce amendment bills.

2. Central Dominance – Most amendments do not need state approval.

3. No Time Limit – State ratification has no deadline.

4. No Joint Sitting – Deadlocks cannot be resolved jointly.

5. Similarity to Ordinary Legislation – Except for special majority, procedure resembles passing of ordinary laws.

The amendment process under Article 368 ensures adaptability while safeguarding constitutional principles. While it empowers Parliament, the Basic Structure Doctrine acts as a safeguard against authoritarian misuse. Thus, India’s Constitution remains both flexible and enduring, reflecting democratic resilience.

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UPSC PYQs on Constitutional Amendments

Q1. (UPSC Prelims 2025)
Which of the following require ratification by half of the States?

1. Union List in Seventh Schedule

2. Extent of Executive Power of a State

3. Conditions of Governor’s Office

Answer: (d) 1, 2 and 3

Q2. (UPSC Prelims 2013)
Statement 1: Amendment can be initiated only in Lok Sabha.
Statement 2: Federal changes require ratification by all states.

Answer: (d) Neither 1 nor 2

Q3. (UPSC Mains 2019)
Discuss whether Parliament under Article 368 can destroy the Basic Structure by expanding its amending power.

1. Indian Constitution Amendments

2. Article 368 Amendment Procedure

3. Basic Structure Doctrine

4. Major Amendments of Indian Constitution

5. Amendment Limitations

6. Constitutional Law UPSC Notes

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