Indian Constitution Amendments, List, Process, Limitations

Indian Constitution Amendments are formal changes made to the Constitution to adapt its provisions to evolving social, political, economic, and governance needs. Article 368 provides the principal framework for amendments, with different procedures depending on the provision being amended.
Amendments help keep the Constitution relevant and responsive, as seen in the 73rd and 74th Amendments on local governance and the 101st Amendment introducing GST. However, the process faces concerns over excessive majoritarianism, political disagreements and frequent changes, while the Basic Structure Doctrine places a constitutional limit on Parliament’s amending power.

What is Constitution Amendment?

A constitutional amendment is a formal change, addition, or correction to the constitution of a nation or organisation. It modifies existing rules or adds new provisions to keep the Basic Law relevant during social changes.

• The Indian Constitution follows a balanced approach that combines flexibility with rigidity, allowing amendments through different procedures depending on the provision being changed.
• The amendment process is primarily governed by Article 368 in Part XX of the Constitution and draws inspiration from the Constitution of South Africa. Parliament has the power to amend the Constitution, but this power is not unlimited.
• In the landmark Kesavananda Bharati case (1973), the Supreme Court established the Basic Structure Doctrine, ruling that Parliament cannot alter the basic structure of the Constitution through an amendment.

Indian Constitution Amendments Types

The Constitution provides three methods of amendment, depending on the importance and federal character of the provision being changed. Different ways in which the Constitution can be amended.

Amendment by Simple Majority

This refers to a majority of more than 50% of the members present and voting. Many articles in the Constitution mention that these articles can be amended by a simple law of the Parliament. No special procedure for amendment is required in such cases. These changes are technically outside the scope of Article 368. Examples include:

• Admission or establishment of new States.
• Formation of new States and alteration of State boundaries.
• Creation or abolition of Legislative Councils in States.
• Changes in citizenship provisions.
• Delimitation of constituencies.
• Salaries and privileges of MPs and legislators.

Amendment by Special Majority

Most constitutional provisions require a special majority under Article 368. The bill must be passed separately by both Houses through: more than 50% of the total membership of the House; and at least two-thirds of members present and voting.

• No Joint Sitting: There is no provision for a joint sitting if the two Houses disagree on a Constitution Amendment Bill.
• President’s Assent: After Parliament passes the Bill according to the required procedure, it is presented to the President. Following the 24th Constitutional Amendment, the President is constitutionally required to give assent to a Constitution Amendment Bill duly passed by Parliament.
• Examples: Fundamental Rights, Directive Principles of State Policy, and most other constitutional provisions can be amended through this process, subject to the basic structure doctrine.

Special Majority and State Ratification

Certain provisions related to India’s federal structure require a special majority in both Houses of Parliament and ratification by at least half of the State Legislatures. This method applies to changes involving:

• Election of the President.
• Distribution of legislative powers between the Centre and States.
• Supreme Court and High Courts.
• Representation of States in Parliament.
• Any of the Lists in the Seventh Schedule.
• Article 368 itself.

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Indian Constitution Amendments Process

The amendment procedure under Article 368 of Indian Constitution balances constitutional flexibility with safeguards against arbitrary changes. The procedure varies according to the type of provision being amended. The procedure to amend the Constitution is as follows:

• Introduction: Amendments can be initiated only by introducing a bill in either house of Parliament. The bill can be introduced either by a minister or by a private member and does not require the prior permission of the President.
• Passing: The bill must be passed in each house by a special majority, that is, a majority of the total membership of the house and a majority of two-thirds of the members of the house present and voting.
  • Each house must pass the bill separately. If there is any disagreement, there is no provision for a joint sitting of the houses.
• State Ratification: If the bill seeks to amend the provisions of the Constitution, it must be ratified by the legislatures of half of the states by a simple majority. After the passage of the bill by both houses, it is presented to the President for his assent.
• President’s Assent: The President of India must give his assent to the bill. He can neither withhold his assent to the bill nor return the bill for reconsideration by the Parliament.
  • After the President’s assent, the bill becomes a constitutional amendment act.

Important Constitutional Amendments in India List

The Indian Constitution has been amended from time to time to adapt to the changing social, economic, and political needs of the country. Some important indian constitution amendments are as follows:

Indian Constitution Amendments SC Judgements

The Supreme Court of India has played a defining role in determining the scope and limitations of Parliament’s power to amend the Constitution.

• Shankari Prasad v. Union of India, 1951: The Supreme Court held that Parliament could amend Fundamental Rights under Article 368. It ruled that a Constitutional Amendment Act is not “law” within the meaning of Article 13.
• Sajjan Singh v. State of Rajasthan, 1965: The Court reaffirmed Shankari Prasad and upheld Parliament’s power to amend Fundamental Rights.
• Golaknath v. State of Punjab, 1967: The Supreme Court reversed its earlier position and held that Parliament could not amend Fundamental Rights. This judgment led to the enactment of the 24th Constitutional Amendment Act.
• Kesavananda Bharati v. State of Kerala, 1973: This is the most important case regarding constitutional amendments. The Supreme Court held that Parliament can amend any part of the Constitution, including Fundamental Rights, but it cannot alter, destroy, or damage the basic structure doctrine of the Constitution.
• Indira Nehru Gandhi v. Raj Narain, 1975: The Supreme Court applied the basic structure doctrine and held that free and fair elections, judicial review, and the rule of law form part of the Constitution’s basic structure.
• Minerva Mills v. Union of India, 1980: The Court struck down parts of the 42nd Amendment that attempted to exclude judicial review of constitutional amendments. It held that limited amending power itself is part of the basic structure.
• I.R. Coelho v. State of Tamil Nadu, 2007: The Supreme Court held that laws placed in the Ninth Schedule after 24 April 1973 are subject to judicial review if they violate Fundamental Rights forming part of the basic structure.

Indian Constitutional Amendments Significance

A Constitution must provide stability, but it also needs to respond to changing circumstances. Constitutional amendments in India are therefore necessary for several reasons.

• Changing Social Conditions: Constitutional provisions may need to evolve with changes in society, demographics and social priorities.
  • For example, amendments relating to reservation and representation have been introduced to address changing social and political requirements.
• Economic Changes: Economic reforms and changes in India's economic structure may require constitutional modifications.
  • The 101st Constitutional Amendment introduced the Goods and Services Tax (GST), significantly changing India's indirect taxation framework.
• Strengthening Democracy: Amendments can improve democratic participation and representation. The 61st Constitution Amendment reduced the voting age from 21 to 18 years, increasing youth participation in elections.
• Decentralisation: The 73rd and 74th Constitutional Amendments gave constitutional recognition to Panchayats and Municipalities.
• Protecting Constitutional Rights: Amendments have also been used to strengthen rights and constitutional protections.
  • The 86th Constitution Amendment inserted Article 21A, making free and compulsory education a Fundamental Right for children aged 6–14 years.
• Adapting to Judicial Interpretation: Constitutional amendments have sometimes been enacted in response to judicial decisions concerning Parliament's powers and Fundamental Rights.

Indian Constitution Amendments Limitations

Parliament possesses extensive powers to amend the Constitution, but these powers are subject to constitutional safeguards designed to preserve democracy, federalism, and fundamental constitutional principles.

• Basic Structure Doctrine: Parliament cannot amend the Constitution in a manner that destroys or fundamentally alters its basic structure, as established by the Supreme Court.
• Judicial Review: The Supreme Court can review constitutional amendments and invalidate provisions that violate the Constitution's basic structure or established constitutional principles.
• Federal Restrictions: Amendments affecting federal provisions require ratification by at least half of the State Legislatures, protecting the constitutional balance between Union and States.
• Procedural Requirements: Constitutional amendments must follow the prescribed procedure and majority requirements; Parliament cannot use ordinary legislative procedures where Article 368 applies.
• No Joint Sitting: If the Lok Sabha and Rajya Sabha disagree over a Constitution Amendment Bill, the Constitution provides no mechanism for a joint sitting.

Indian Constitution Amendments Criticisms

Although the amendment mechanism is essential, it has attracted several criticisms. The amendment procedure of the Constitution has been criticized on the following grounds:

• Excessive Parliamentary Power: Some critics argue that Parliament’s broad power to amend the Constitution can be misused by a government with a large majority.
• Judicial Activism and Overreach: Others argue that the basic structure doctrine gives the judiciary substantial power to invalidate constitutional amendments, even though the phrase “basic structure” does not explicitly appear in the Constitution.
• Complexity of Procedure: The three types of amendments may confuse citizens and create procedural complexity, especially in understanding when State ratification is required.
• Political Use of Amendments: At times, constitutional amendments may be driven by short-term political interests rather than long-term constitutional principles.

Indian Constitution Amendments Recent Developments

Recent developments show that constitutional amendment remains an active tool for addressing electoral representation and governance, while the requirement of a special majority continues to act as an important safeguard.

• 131st Constitutional Amendment Bill, 2026: Introduced in April 2026 to facilitate changes related to delimitation, Lok Sabha representation and women’s reservation. It proposed increasing the maximum strength of the Lok Sabha from 550 to 850. The Bill, however, failed to secure the required special majority and was negatived.

Indian Constitution Amendments UPSC PYQs

Q1: “Parliament’s power to amend the Constitution is a limited power, and it cannot be enlarged into absolute power.” In the light of this statement, explain whether Parliament under Article 368 of the Constitution can destroy the Basic Structure of the Constitution by expanding its amending power? (UPSC Mains 2019)

Q2: Consider the following subjects under the Constitution of India:

1. List I-Union List, in the Seventh Schedule
2. Extent of the executive power of a State
3. 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? (UPSC Prelims 2025)

a) 1 and 2 only

b) 2 and 3 only

c) 1 and 3 only

d) 1, 2 and 3

Ans: (a)

Q3: The Constitution (71st Amendment) Act, 1992 amends the Eighth Schedule to the Constitution to include which of the following languages? (UPSC Prelims 2024)

1. Konkani
2. Manipuri
3. Nepali
4. Maithili

Select the correct answer using the code given below:

a) 1, 2 and 3

b) 1, 2 and 4

c) 1, 3 and 4

d) 2, 3 and 4 

Ans: (a)

Q4: In India, which one of the following Constitutional Amendments was widely believed to be enacted to overcome the judicial interpretations of the Fundamental Rights? (UPSC Prelims 2023)

a) 1st Amendment

b) 42nd Amendment

c) 44th Amendment

d) 86th Amendment 

Ans: (a)