What is An Amendment?
An amendment in the books of law and government can be used to represent the additions or alterations that have been made to any constitution, legislative bill, resolution, or statute. It is possible to make amendments to existing statutes and constitutions. However, these amendments are also made to certain bills throughout their entire course of passage through the legislature.
Since the amendments that are made are capable of changing the governing institutions or political systems, there is a specifically prescribed procedure in which such amendments need to be submitted. In this article, students will learn what is constitutional amendment and the different types of amendments that have been made.
For students who want to know what is an amendment, this article is going to provide them with all the important details for sure. Any constitutional amendment can be described as a particular modification that takes place in the constitution of an organization, polity, or any other entity. The amendments tend to be interconnected with the relevant sections that exist in the constitution and they directly alter the text of the constitution. Conversely, amendments can also be appended into the constitution as codicils or supplemental additions. Hence, they have an important role to play in changing the entire government frame without actually making any changes in the existing text in the document.
According to amendment in law, most of the constitutions have a requirement that amendments need to pass through a special procedure in order to be enacted. This procedure is stricter than the ordinary legislation requires. Some of the major examples of such procedures include the direct approval through an electorate in the referendum or the supermajorities present in the legislature.
Depending on the procedure of Amendment, the constitution can either be flexible or rigid or actually a blend of both. For example, the constitution of India is a fantastic blend of both flexibility and rigidity due to the amendment procedures that are signified in the constitution.
There are certain cases when the procedures have been combined in order to test the legitimacy of an amendment. Such combinations tend to make the constitution rigid, meaning there might not be many changes. Any referendum to make some changes in the constitution will also be triggered in certain jurisdictions by a popular initiative.
Ireland and Australia have managed to provide some examples of the constitutions that require the amendments to be passed by their legislature before they are submitted to the common folk. In the case of Ireland, if a majority of people voting in the elections have passed the bill, the amendment can be passed easily. However, there are more complex criteria included in Australia for the passing of the amendment. It states that the majority of people voting in the states of the country is also essential. This procedure of testing the amendment document has also been adopted by Switzerland.
There are certain specific cases where the procedures for enacting an amendment have been so exacting that from the total constitutional amendment proposals just a few or none have been passed. In the case of Australia, about 8 proposals out of a total of 44 have been accepted and in the case of Japan, there are no amendments that have been passed over a certain period of time. In contrast to these cases, the constitution of the U.S. Alabama state has gone through about 948 amendments since the adoption of the constitution in the year 1901.
So, there are different types of amendments that have been made in different countries. This goes to show that the procedure for testing the amendments is varied from one country to another. Nonetheless, it still proves to be a very important factor in changing the political system of any country or state.
Different Majorities in Indian Constitution
For a bill to be passed, the Parliament of India has to pass it through several majorities.
Simple Majority
It can be defined as the majority consisting of more than 50% of all the present and voting members in the Parliament house. For instance, the Lok Sabha has 545 members. If 45 of them are not present and 100 of them abstain from voting, only 400 members will be present and can vote. Hence the simple majority will be 201 which is 50%+1. This type of majority is used in several cases such as to pass money bills, declare the president’s rule, and the Constitution Amendment Bill.
Absolute Majority
This can be defined as the majority of more than 50% of the total membership of the house. For instance, in the case of Lok Sabha, the absolute majority will be 273 or more than 50% of 545.
Effective Majority
This can be defined as the majority consisting of more than 50% of the house’s effective strength. For example, in case 5 seats are vacant in the Lok Sabha consisting of 545 seats in total, the effective strength would be 540. In that particular case, the effective majority is 270.
Special Majority
Any other majority other than an absolute, effective, and simple majority will be known as a special majority. There are 4 different types named Special Majority according to Article 249, Special Majority according to Article 368, Special Majority according to Article 368 + 50% state ratification by a simple majority, and Special Majority according to Article 61.
Procedure for Amendment in the Indian Constitution (Article 368)
The Part XX of the Indian Constitution contains a single Article 368 that focuses on the amendments of the Constitution of India. According to the article, the Parliament can amend, repeal or add any particular provision in the constitution as per their required procedure.
The amendment can be properly introduced in the houses of Parliament and the state legislature has no role in it. The amendment bill could be a private member or a government bill.
The amendment bill must fairly pass in both houses separately by special and absolute majority.
In case of a disagreement between both houses, there isn’t any provision for a joint sitting to take place in order to solve the problems.
The bills that happen to make certain changes in the Indian constitution but are passed by the simple majority will not be deemed as Constitutional amendments.
After the bill passes in both houses, it will be sent to the President for his approval. According to the 24th Amendment Act, 1971, the President has to provide his assent to the constitutional amendment.
Changes in the Amendments of US Constitution
Some of the most prominent examples of amendments that have been passed in the entire world include the ones that have been made in the constitution of the United States. The provision for an amendment to be made is in Article V of the US constitution.
In fact, the first ten amendments passed in the constitution of the United States are named the Bill of Rights. In total, about 27 amendments have been passed for the particular constitution. In order to pass the amendment, about two-thirds of all the members present in every single Congress house have to make their approval. It also must be ratified by three-fourths of the total number of states. The US congress will get to decide whether the ratification is to be done by the legislatures in the state or by some prevalently chosen conventions existing in different states. The system of using the conventions has been utilized in just one case and it was during the passing of the 21st amendment. In certain states of the US constitution, the proposed amendments must have the approval of the voters in a particular referendum.
Conclusion
In this article, several topics related to the constitutional amendments have been discussed. Students will get the answers to questions like what is amendment act and what amendments have been made in constitutions over the decades from this article.
FAQs on Constitutional Amendment
1. What is a Constitutional Amendment?
A Constitutional Amendment refers to the formal process of making changes to a nation's constitution. This can involve adding new provisions, deleting outdated ones, or modifying existing articles. The purpose is to ensure the constitution remains a dynamic and 'living document' that adapts to the changing needs, values, and aspirations of society over time, without altering its fundamental principles.
2. Why is the process for amending the Indian Constitution more complex than passing an ordinary law?
The process is intentionally made more complex to safeguard the Constitution's core principles and protect it from being easily changed by a temporary majority in Parliament. This rigidity ensures the stability and sanctity of the nation's fundamental law, which outlines the rights of citizens and the structure of governance. It prevents hasty or politically motivated changes that could undermine the democratic framework of the country.
3. Which article of the Indian Constitution outlines the procedure for its amendment?
Article 368 of the Indian Constitution details the procedure for constitutional amendments. It grants the Parliament the power to amend the Constitution and specifies the different types of majorities required for passing an amendment bill. This article is central to the Indian Constitution's ability to evolve while maintaining its foundational integrity.
4. What are the different ways to amend the Indian Constitution?
There are three primary procedures for amending the Indian Constitution, based on the nature of the change:
Amendment by Simple Majority: Certain provisions can be amended by a simple majority of both Houses of Parliament, similar to an ordinary bill. This applies to articles concerning citizenship, creation of new states, etc.
Amendment by Special Majority: Most provisions require a special majority, which is a majority of the total membership of each House and a majority of not less than two-thirds of the members present and voting in each House.
Amendment by Special Majority and Ratification by States: For provisions affecting the federal structure (e.g., election of the President, powers of Supreme Court/High Courts), the amendment must be passed by a special majority in Parliament and then ratified by the legislatures of at least half of the states.
5. Are there any parts of the Constitution that cannot be amended?
Yes, while Parliament has extensive powers to amend the Constitution, the Supreme Court has ruled that it cannot alter the 'Basic Structure' of the Constitution. This doctrine was established in the landmark Kesavananda Bharati case (1973). The 'Basic Structure' includes fundamental elements like the supremacy of the Constitution, the rule of law, the principle of separation of powers, the federal character, and secularism, which cannot be abrogated even by a constitutional amendment.
6. What is the difference between a Constitutional Amendment Bill and an ordinary bill?
The key differences lie in their passing procedure and the President's role:
Majority Required: An ordinary bill requires a simple majority, whereas a Constitutional Amendment Bill typically requires a special majority as defined under Article 368.
Joint Sitting: In case of a deadlock between the Lok Sabha and Rajya Sabha, a joint sitting can be convened for an ordinary bill. There is no provision for a joint sitting for a Constitutional Amendment Bill.
President's Assent: The President can return an ordinary bill for reconsideration. However, the President is bound to give assent to a Constitutional Amendment Bill that has been duly passed by both Houses.
7. How many amendments have been made to the Indian Constitution as of the 2025-26 session?
As of early 2024, which is relevant for the 2025-26 academic session, there have been 106 amendments to the Constitution of India. The most recent one is the Constitution (One Hundred and Sixth Amendment) Act, 2023, concerning the reservation of seats for women in legislative bodies.
8. What is an important example of a recent Constitutional Amendment in India?
A significant recent example is the 106th Constitutional Amendment Act, 2023, also known as the Nari Shakti Vandan Adhiniyam. This historic amendment reserves one-third (33%) of the seats in the Lok Sabha, State Legislative Assemblies, and the Delhi Legislative Assembly for women. It is a major step towards ensuring greater gender equality and representation in Indian politics.
