Meaning and Constitutional Basis
The term “Amendment” refers to the formal process by which changes can be made to the provisions of the Constitution of India to adapt it to changing social, political, and economic conditions. The power of amendment is provided under Article 368 of the Indian Constitution, which lays down the procedure for amending the Constitution. This article ensures flexibility while safeguarding the fundamental framework of the Constitution. The framers of the Constitution adopted a middle path — neither as rigid as the U.S. Constitution nor as flexible as the U.K. Constitution. Amendments can be initiated only by Parliament, and not by state legislatures or any other authority.
Kinds of Amendment under Article 368
The Constitution of India provides for three kinds of amendments:
- By Simple Majority of Parliament – Certain provisions like formation of new states (Article 3), citizenship (Articles 5–11), and salaries of MPs can be amended by a simple majority of both Houses.
- By Special Majority of Parliament – As per Article 368(2), most constitutional provisions require a two-thirds majority of members present and voting, and more than half of the total membership of each House.
- By Special Majority with Ratification by States – For federal provisions like Article 368(2)(b), the amendment must be ratified by at least half of the state legislatures, e.g., for changes affecting the judiciary, federal structure, or powers of states.
Importance and Judicial Interpretation
Amendments ensure that the Constitution evolves with time while preserving its basic structure. The Kesavananda Bharati v. State of Kerala (1973) case established that Parliament’s power to amend the Constitution is not unlimited; it cannot alter the “basic structure” such as democracy, secularism, or judicial independence. Later, in Indira Nehru Gandhi v. Raj Narain (1975) and Minerva Mills v. Union of India (1980), the Supreme Court reaffirmed this doctrine, protecting the spirit of the Constitution. Hence, amendments maintain constitutional dynamism while preserving its core ideals and balance between flexibility and rigidity.
Real-Time Example
A practical example of the amendment process is the Constitution (One Hundred and First Amendment) Act, 2016, which introduced the Goods and Services Tax (GST). It required a special majority in Parliament and ratification by more than half of the state legislatures, as it altered the distribution of taxation powers between the Union and the States. Another instance is the 104th Amendment Act, 2020, which extended the reservation of seats for Scheduled Castes and Scheduled Tribes in the Lok Sabha and State Assemblies. These examples demonstrate the functioning of different amendment procedures under Article 368.
Mnemonic to Remember – “SSA”
S – Simple Majority (for minor provisions)
S – Special Majority (for major provisions)
A – Approval by States (for federal matters)
The mnemonic “SSA” helps recall the three kinds of amendments under Article 368, ensuring clarity: Simple, Special, and Approval by States, reflecting India’s balance between flexibility and federalism.
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Understand the Amendment of the Indian Constitution under Article 368 in depth at Lawgnan.in. Explore how constitutional amendments ensure flexibility and continuity in India’s governance system while protecting its basic structure. Learn the three types of amendments—Simple, Special, and Special with State Ratification—along with landmark cases like Kesavananda Bharati, Minerva Mills, and the GST Amendment Act (2016). Ideal for law students, UPSC aspirants, and judiciary candidates, this article simplifies complex constitutional procedures with real examples and mnemonics. Visit Lawgnan.in to strengthen your foundation in constitutional law and legislative evolution.
