Procedure for Amending the Constitutions

The alterations of certain provisions of the Constitution are not considered amendment of the constitution. Such provisions can be altered by the parliament by a simple majority.

Other provisions of the Constitution can be changed only by the Process of ‘amendment ‘prescribed in Art. 368.

In the case of provisions which affect the federal structure, ratification by the Legislatures of at least half of the assent. Such provisions are: 

·         The manner of election of the President {Ref: Arts. 54, 55}

·         Extent of the executive power of the union and the states {Ref. Arts 73,162}:

·         The supreme court and the high court’s {Art.241, Chap IV of part V, Chap. V of Part VI}

·         Distribution of legislative power between the Union and the States [ Chap I. of Part XI]:

·         Any of the Lists in the 7^th Schedule};

·         Representation of the States in Parliament {Arts 80-81, 4^th Schedule}:

·         Provisions of Art. 368 itself,

There is no separate Constituent body provided for by our constitution for the amending process.

An amendment of the Constitution can be initiated only by the introduction of a Bill for the Purpose in either House of Parliament.

The Amendment Bill should be passed by each House by a special majority. I.e. more than 50% of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting.

Constitution stands amended in accordance with the terms of the amendment Bill after President’s assent is accorded to it.