The Constitution of India, as the supreme law of the land, should be responsive to changing needs and situations. The provision for amendment of the Constitution of India under Article 368 accommodates this requirement.

Meaning of the Amendment of the Constitution

The Amendment of the Constitution refers to the process of making changes such as the addition, variation, or repeal of any provision of the Constitution in accordance with the procedure laid down for the purpose. The purpose of Constitutional Amendments is to ensure that the Constitution remains a living document capable of adapting to changing circumstances while upholding its fundamental principles and values.

Provisions of Amendment of Indian Constitution

The Indian Constitution, being a living document, provides for its amendment. The detailed provisions regarding the Amendment of the Constitution of India are contained in Article 368 in Part XX of the Indian Constitution. These provisions define the process and scope of amending the Constitution.

Procedure for Indian Constitution Amendment

• The procedure for the Amendment of the Constitution of India as per Article 368 is as follows:
  
  • A bill for the amendment of the Constitution can be introduced only in either house of the Parliament, not in the State Legislatures.
  • The bill can be introduced either by a minister or by a private member and does not require prior permission of the President.
  • The bill must be passed in each House by a Special Majority, that is, a majority (more than 50 percent) of the total membership of the House and a majority of two-thirds of the members of the House present and voting.
  • Each House must pass the bill separately. In case of a disagreement between the two Houses, there is no provision for holding a joint sitting of the two Houses for deliberation and passage of the bill.
  • If the bill seeks to amend the federal provisions of the Constitution, it must also be ratified by the legislatures of half of the states by a Simple Majority, that is, a majority of the members of the House present and voting.
  • After duly passed by both Houses of Parliament and ratified by the State Legislatures, where necessary, the bill is presented to the President for his/her assent.
  • The President must give his assent to the bill. He can neither withhold his assent to the bill nor return the bill for reconsideration by the Parliament.
  • After the President’s assent, the bill becomes an Act (i.e. a Constitutional Amendment Act), and the Constitution stands amended as per the changes made by the Act.