Amendment of the Constitution

Amendment of the Constitution

To evolve and change with all changes in the society and environment is a necessity for every constitution. The makers of the Constitution of India were fully aware of this need. As such, while writing the constitution, they also provided for a method of its amendment. Further they of decided, to make the constitution both rigid as well as flexible. They laid down a flexible amendment method in respect of its some parts and for several others they provided for a rigid method.

Method of Amendment

Part XX of The Constitution of India contains only one Article 368. It deals with the power of the Parliament to amend the constitution. It lays down two special methods for the amendment of various parts of the constitution. Along with it the Union Parliament has the power to change some specified features/parts of the Constitution by passing an ordinary law.

1. Amendment by 2/3rd Majority of Parliament

Most parts of the Constitution (with exception of some specific provisions) can be amended by this method. Under this method, the Constitution can be amended by the Union Parliament alone. For this purpose an amendment bill can be passed by each of the two Houses of Union Parliament by a majority of its total membership (i.e. absolute majority) and by a two-third majority of members present and voting in each House. It is a rigid method in so far as it prescribes a special majority for amending the constitution but it is considered to be a flexible method because under it the Union Parliament alone can pass any amendment.

2. Amendment by 2/3rd Majority of the Parliament plus Ratification by at least half of the several State Legislatures

In respect of some specified provisions of the Constitution, a very rigid method of amendment has been prescribed. In respect of these the amendment-making involves two stages:

• First, the amendment bill is to be passed by both the Houses of the Union Parliament by a majority of total membership and a 2/3rd majority of members present and voting in each House.
• Secondly, after this the amendment bill has to secure ratification from at least half of the several State Legislatures (now at least 14 state legislatures).Only then it gets finally passed and incorporated as a part of the Constitution when the President puts his signatures on the bill.

The following provisions of the constitution can be amended by this rigid method:

• Election of the President
• Scope of the executive power of the Union and states
• Provisions regarding Supreme Court of India, High Courts in States and High Courts in Union Territories
• Legislative Relations between the Union and States
• Any of the Lists in the Seventh Schedule
• Representation of States in the Parliament
• The Provisions of Article 368

3. Additional Amendment-making by A Simple Majority in the Two Houses of Parliament

In respect of some provisions of the Constitution the Parliament has been given the power to make necessary changes by passing as a law in the normal way i.e. by simple majority of members of both of its Houses. It is, indeed, an easy method of amendment. It applies to the following provisions of the Constitution:

• Admission/ formation of new States and alteration of areas, boundaries or names of existing States
• Citizenship provision
• Provision regarding delimitation of constituencies
• Quorum of the two Houses of Parliament
• Privileges and Salaries and allowances of the MPs
• Rules of procedure in each House of the Parliament
• English as a language of the Parliament
• Appointment of Judges and jurisdiction of Supreme Court
• Creation or abolition of Upper Houses in any state
• Legislatures for Union Territories
• Elections in the country
• Official language of India
• Second, fifth and sixth Schedules of the Constitution

These methods of amendment reflect a mixture of rigidity and flexibility in the Indian Constitution.