Q8Indian Constitution

The amendment process of the Indian Constitution is laid down in Article 368, which provides a deliberately balanced mechanism — neither as rigid as the U.S. Constitution (requiring ratification by three-fourths of states) nor as flexible as the British constitution (amendable by simple parliamentary majority) — reflecting the framers' desire for a Constitution that could evolve with changing needs while protecting its fundamental character from hasty alteration.

There are three distinct procedures for amendment depending on the provision being changed. First, certain provisions (not considered part of the 'basic structure' or fundamentally federal in nature, such as creation of new states, citizenship provisions, or Fifth/Sixth Schedule matters) can be amended by a simple majority of Parliament, like ordinary legislation, and technically do not fall under Article 368 at all. Second, most provisions of the Constitution, including Fundamental Rights, can be amended by a 'special majority': a bill must be passed in each House of Parliament by a majority of the total membership of that House and by a majority of not less than two-thirds of members present and voting. Third, provisions that affect the federal structure — such as election of the President, the extent of executive power of the Union/states, the Supreme Court and High Courts, distribution of legislative powers, or Article 368 itself — require this same special majority in Parliament plus ratification by the legislatures of at least one-half of the states (by simple majority in each state legislature), reflecting the joint stake states have in changing the federal balance.

A landmark judicial limitation on this amending power came through the Kesavananda Bharati case (1973), where the Supreme Court held that while Parliament has wide powers to amend any part of the Constitution under Article 368, it cannot use this power to alter or destroy the 'basic structure' of the Constitution — core features such as the supremacy of the Constitution, republican and democratic form of government, secularism, separation of powers, and judicial review. This doctrine ensures that even the amending power itself remains subordinate to the Constitution's foundational identity, striking a balance between constitutional flexibility (allowing the document to adapt to a changing society) and constitutional stability (preventing its core democratic character from being dismantled through simple legislative majorities).