Since change is the law of nature. Our Constitution also keep amending for the betterment as per the needs of the society. Part XX under article 368 of the Constitution, comes with the amendment provisions.

The nature of the amendment is synthesis, as it is neither flexible like UK nor rigid as USA. The constitutional powers of the Parliament give it a right to amend any provision of the constitution by the way of addition, variation or repeal in accordance with the procedures laid down for the purpose. In Kesvananada Bharati case (1973), it was declared that basic structure of the constitution cannot be amended.



  • It can be initiated through Constitutional amendment bill only in Parliament and not in the State legislature.
  • A minister or any private member can initiate the bill without any prior permission of the President.
  • To pass a bill, it requires absolute and special majority in both the House. The absolute majority means 50% of the total membership and special majority is 2/3rd members of House present and voting
  • In case of disagreement between both the Houses, there is no provision to hold the joint sitting.
  • There are some bills which brings little change in the constitution and can be passed by simple majority. Such bills are not categorized as Constitutional Amendment Bill.
  • If the amendment bill proposed to change the federal provision or the structure of Constitution, then it requires to be ratified by the legislatures of half of the states by a simple majority (a majority of the members of the House present and voting).
  • After the bill is passed by both the Houses and ratified by the state (in case of federation provision), it goes to the president for the assent.
  • Once it is presented to the president, he can neither withhold the bill or send it back for the reconsideration of the Parliament. The bill has to be given assent. The 24th Amendment Act of 1971 states that the president is bound to give assent to the Constitutional Amendment Bill.
  • Provisions of the Constitution that can be amended after consent of states includes:
  1. Election of the President and its manner.
  2. Extent of the executive power of the Union and the states.
  3. Supreme Court and high courts.
  4. Distribution of legislative powers between the Union and the states.
  5. Any of the lists in the Seventh Schedule.
  6. Representation of states in Parliament.
  7. Power of Parliament to amend the Constitution and its procedure (Article368 itself).
  • Provisions that are amended by simple majority and not considered as the Constitutional Amendment Bill. They are:
  1. Admission or establishment of new states.
  2. Formation of new states and alteration of areas, boundaries or names of existing states.
  3. Abolition or creation of legislative councils in states.
  4. Second Schedule—emoluments, allowances, privileges and so on of the president, the governors, the Speakers, judges, etc.
  5. Quorum in Parliament.
  6. Salaries and allowances of the members of Parliament.
  7. Rules of procedure in Parliament.
  8. Privileges of the Parliament, its members and its committees.
  9. Use of English language in Parliament.
  10. Number of puisne judges in the Supreme Court.
  11. Conferment of more jurisdiction on the Supreme Court.
  12. Use of official language.
  13. Citizenship—acquisition and termination.
  14. Elections to Parliament and state legislatures.
  15. Delimitation of constituencies.
  16. Union territories.
  17. Fifth Schedule—administration of scheduled areas and scheduled tribes.
  18. Sixth Schedule—administration of tribal areas.
  • Provision of the Constitution that can be amended by the Parliament via special majority under Article 368:
  1. Fundamental Rights
  2. DPSP
  3. All other categories that does not require either consent of state or are not part of provisions that can be amended by simple majority.

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