1. Meaning

Amendment of the Constitution means adding, changing, or deleting any provision of the Constitution through the formal procedure laid out in Article 368.
The purpose is to ensure the Constitution remains a living, adaptable document while preserving its core principles.

2. Where Is It Mentioned?

• Article 368 in Part XX deals with the procedure and power of amendment.
• Allows the Constitution to grow with changing political, social, and economic needs.

3. Procedure for Amendment (Article 368)

• Bill introduced only in Parliament (either House; not in State Legislatures).
• Can be introduced by a Minister or Private Member; no Presidential permission needed.
• Must be passed in each House separately, by Special Majority:
• 50% of total membership
• 2/3rd present and voting.

• No joint sitting if the Houses disagree.
• If federal provisions are involved, → must be ratified by ½ of States (Simple Majority).
• Sent to the President → The President must give assent; cannot reject or return it.
• After assent, → becomes a Constitutional Amendment Act.

4. Types of Amendments

A. By a Simple Majority of Parliament

(Not considered amendments under Art. 368.)
 Used for everyday provisions like:

• Creation or alteration of states
• Abolition/creation of Legislative Councils
• Delimitation of constituencies
• Salaries of MPs, etc.

B. By Special Majority of Parliament

(Most amendments fall here.)
 Covers:

• Fundamental Rights
• DPSPs
• Most general constitutional provisions

C. Special Majority + Ratification by ½ States

Required for federal provisions such as:

• Election of the President
• Powers of Union & States
• Supreme Court & High Courts
• Representation of States in Parliament
• 7th Schedule entries

Note:

• Consent of all states is not required.
• No time limit for states to ratify.

5. Basic Structure Doctrine (1973)

The Supreme Court in the Kesavananda Bharati case (1973) held that Parliament’s amending power cannot alter or destroy the Basic Structure of the Constitution.
 Examples:

• Supremacy of the Constitution
• Judicial Review
• Rule of Law
• Federalism
• Secularism
• Parliamentary democracy
• Free and fair elections

Acts as a constitutional safety valve.

6. Significance of Amendments

• Keeps the Constitution relevant to new challenges.
• Helps recognize new rights (Ex: Right to privacy).
• Enables social reforms (Ex: Ending discriminatory practices).
• Addresses governance needs of a changing society.
• Strengthens democracy, decentralization, and inclusion.

7. Criticism of Amendment Procedure

• No separate constitutional convention; the same Parliament amends it.
• The process resembles ordinary law-making except for a special majority.
• States cannot initiate amendments.
• Many provisions are amendable by Parliament alone.
• No joint sitting → risk of deadlock.
• Vague drafting → invites litigation.

8. Important Constitutional Amendments