Amendment under

constitution of India
KARTIK JAIN
18
Modes of Amendment in Indian Constitution

Informal Method Formal Method

•  the text or words are
• words in the law do not changed in the law
change • by way of addition,
•  change takes place in its variation, or omission
meaning and • Eg 42nd amendment
interpretation 1976, the words Secular,
• Eg  in Article 21, many Socialist, and Integrity
amendments take place. were added in
But it never changes the the Preamble
content of Article 21 but
changes the context,
scope, and ambit.
Formal Method
• Instead of leaving this important task entirely to the judiciary, the
framers of the Indian Constitution inserted Article 368 as a formal
method to provide for a constitutional amendment.
• Articles 368 (Power to amend the Constitution and Procedure thereof) –
• Notwithstanding anything contained in this Constitution, Parliament may, in the
exercise of its constituent power, amend any provision of this Constitution
following the procedure laid down in this Article by way of addition, variation or
repeal.
• The Indian legislature is responsible for formulating new legislation,
amending the existing laws and squashing obsolete ones in certain
situations.
Types of Amendment in the Constitution
1. Amendment by a Simple Majority

2. Amendment by a Special Majority

3. Amendment by Special Majority and Ratification of Half of the States

By Simple Majority of Parliament
• Several provisions in the Constitution of India that can be amended by
a simple majority, that is, more than 50 percent present and voting.
Provisions like Article 5 – Citizenship, Article 169 – the creation of
the legislative council, Article 239A – the creation of local legislatures
or council of ministers.
By Special Majority of Parliament
• By special majority means more than 50 percent of the total members
and two-third of the present and voting. The total members in each
House are 545 in Lok Sabha and 245 in Rajya Sabha. The provisions
which get amended by the special majority are Fundamental Rights,
Directive Principles of State policy, and all other provisions which are
not covered under the other two categories.
By Special Majority of Parliament and
Ratification of States
• All the provisions in the Constitution which are related to the federal
structure of polity can be amended (changed) by a special majority of
the Indian Parliament and ratification of half of the total states.

• Provisions like Election of the President, Supreme Court and High

Court, lists mentioned in the seventh schedule, executive and
legislative powers of the Union and the State, Representation of State
in Parliament, and Article 368 itself.
Can Fundamental Rights Be Amended?
• Keshavanand Bharati Case
• The Supreme Court said that the Parliament has powers to amend the
Constitution but not its basic structure. The basic features are those
supporting pillars of the Constitution without which the Constitution
cannot stand. The Parliament can under Article 368 amend any
provision but not its basic features.
• What is Basic structure can’t be listed, but the Supreme Court
illustrated few features like the supremacy of the Constitution,
separation of power, federal character, sovereignty, democratic
character, and so on.
References
• https://www.writinglaw.com/amendment-in-indian-constitution/
• https://shodhganga.inflibnet.ac.in/bitstream/10603/128262/16/09_chap
ter%203.pdf
• http://www.legalserviceindia.com/article/l70-Article368.html
• http://ncert.nic.in/ncerts/l/keps209.pdf
• https://www.worldwidejournals.com/global-journal-for-research-analy
sis-GJRA/recent_issues_pdf/2015/August/August_2015_1438858219
__14.pdf
• http://thelawbrigade.com/constitutional-law/the-basic-structure-doctri
ne-and-the-power-to-amend-the-constitution-in-india-a-comparative
• THE CONSTITUTION OF INDIA