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Book No. – 006 (Indian Polity)
Book Name – Introduction to the Indian Constitution (D.D. Basu)
What’s Inside the Chapter? (After Subscription)
1. The Nature of the Amending Process in the Indian Constitution
2. Amendments Not Deemed as Constitutional Amendments
3. Amendments Under Article 368
4. Procedure for Amendment
5. Judicial Interpretation: 97th Constitutional Amendment
6. Distinctive Features of the Indian Amending Process
7. Historical Controversy.
8. Amendability of the Constitution: Pre-Golak Nath Era
9. Golak Nath Case (1967)
10. Parliamentary Response: 24th Amendment (1971)
11. Basic Structure Doctrine: Post-Golak Nath Debate
12. Debate on Implied Limitations
13. 42nd Amendment (1976) and Judicial Review
14. Keshavananda Bharati Case and the Doctrine of Basic Structure
15. List of Basic Features
16. Amendments to the Constitution
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Procedure for Amendments in Indian Constitution
Chapter – 10
The Nature of the Amending Process in the Indian Constitution
The amending process envisaged by the makers of the Constitution of India reflects a careful balance between flexibility and rigidity, aimed at adapting the Constitution to the changing needs of national development while preserving the federal structure.
Pandit Jawaharlal Nehru observed that the Constitution should not be so rigid that it cannot adjust to national needs. Similarly, Dr B.R. Ambedkar, while explaining the proposals for amendment in the Constituent Assembly, emphasized the political significance of a facile procedure:
Those dissatisfied with the Constitution only need a two-thirds majority in Parliament to effect change. Failure to obtain this indicates that the general public does not share the dissatisfaction.
Thus, elements of flexibility were introduced into a Constitution that is inherently rigid due to its federal nature. Traditionally, in federal systems, constitutional amendments are entrusted to a body other than the ordinary legislature or require a special procedure to prevent disruption by a single party.
However, the framers of the Indian Constitution sought to preserve the sovereignty of Parliament, elected by universal adult suffrage, to ensure dynamic national progress. Accordingly, the Constitution prescribes two types of amendment procedures:
Amendments Not Deemed as Constitutional Amendments
Certain provisions can be altered by the Union Parliament through the ordinary legislative process, requiring only a simple majority. These alterations are not considered formal amendments of the Constitution.
Amendments Under Article 368
Other provisions require formal constitutional amendments as per Article 368. Even within this category, the procedure varies based on the nature of the provisions:
Provisions affecting the federal structure require:
Passage by both Houses of Parliament with a special majority (majority of total membership + two-thirds of members present and voting).
Ratification by at least half of the State Legislatures before being presented to the President for assent.
Provisions not affecting the federal structure require only Parliamentary approval by special majority.
Thus, there is no separate constituent body; the Union Parliament itself is the ordinary legislative organ responsible for constitutional amendments.