Procedure of Amending the Constitution

“The Constitution provides a flexible but structured method to incorporate changes while maintaining its core principles.”

Introduction

The power to amend the Constitution is provided under Article 368. Amendments allow the Constitution to evolve with changing needs without compromising its fundamental structure.

Types of Amendments

  • Simple Majority: Amendments related to the procedure of the Parliament or the functioning of the government (not altering fundamental rights or federal features).
  • Special Majority: Most amendments require a special majority of both Houses of Parliament (at least 2/3rd members present and voting).
  • Special Majority with State Ratification: Some amendments affecting federal structure require ratification by at least half of the State Legislatures.

Procedure Steps

  1. The amendment is introduced as a Bill in either House of Parliament.
  2. The Bill must be passed by a special majority in both Houses.
  3. If required, ratification by at least half of the State Legislatures.
  4. Presidential assent is necessary for the Bill to become an amendment.

Basic Structure Doctrine

The Supreme Court, through landmark judgments like Kesavananda Bharati (1973), has ruled that the Parliament cannot amend the basic structure of the Constitution, ensuring its fundamental principles remain intact.

Previous Year Questions

  • HSSC 2018: Under which article is the procedure for amendment of the Constitution mentioned?
  • Article 368
  • SSC JE 2016: What is the Basic Structure Doctrine?
  • The doctrine that the Parliament cannot alter the basic structure of the Constitution.
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