The procedure of amendment makes the Constitution of India neither totally rigid nor totally flexible, rather a curious mixture of both. Some provisions can be easily changed and for some others, special procedures are to be followed.
Must read: The Constitution (First Amendment) Act, 1951
Despite the fact that India is a federal state, the proposal for amending the Constitution can be initiated only in the House of the Union Legislature and the State Legislatures have no such power.
Methods of Amending the Constitution
There are three methods of amending the Constitution:
(1) Amendment by simple majority of the Parliament.
(2) Amendment by special majority of the Parliament.
(3) Amendment by special majority of the Parliament and the ratification of half of the state legislatures.
But Article 368 of the Constitution which lays down the procedure for amendment mentions two methods:
(a) Amendment by special majority of the Parliament, and
(b) Amendment by special majority of the Parliament and the ratification of half of the state legislatures.
There are certain provisions which require simple majority for amendments. They can be amended by the ordinary law making process. It is significant that the laws passed by Parliament to change the above provisions would not be deemed to be amendments of the Constitution for the purpose of Article 368.
Must read: What are the basic structures of the Indian Constitution? Can they be amended?
Constitutional Amendment Requiring Ratification by the Legislatures of Not Less Than One-Half of the States
Those provisions of the Constitution which are related to the federal structure of the polity can be amended by a special majority of the Parliament along with the consent of half of the state legislatures by a simple majority.
If one or some or all the remaining states take no action on the bill, it does not matter; the moment half of the states give their consent, the formality is completed. There is no time limit within which the states should give their consent to the bill.
The following provisions can be amended in this way:
֎ Election of the President and its manner.
֎ Extent of the executive power of the Union and the states.
֎ Matters relating to the Union Judiciary and High Courts in the States.
֎ Distribution of legislative powers between the Union and the states.
֎ Any of the lists in the Seventh Schedule.
֎ Representation of states in Parliament.
֎ Power of Parliament to amend the Constitution and its procedure (Article 368 itself).
PRACTICE QUESTIONS
QUES . Consider the following subjects under the Constitution of India: UPSC PRELIMS 2025
I. List I-Union List, in the Seventh Schedule
II. Extent of the executive power of a State
III. Conditions of the Governor’s office
For a constitutional amendment with respect to which of the above, ratification by the Legislatures of not
less than one-half of the States is required before presenting the bill to the President of India for assent?
(a) I and II only
(b) II and III only
(c) I and III only
(d) I, II and III
Answer – (a) EXPLANATION: To make a change in the conditions of the Governor’s office does not require State ratification. The conditions of the Governor’s office are primarily governed by Article 158 and the Second Schedule of the Constitution. These provisions are not mentioned in the proviso to Article 368(2), and amendments to them are not considered to affect the federal structure in a way that would necessitate ratification by the States. Therefore, such changes can be enacted by Parliament through a special majority alone.
