Part XX: Amendment of the Constitution
Part XX contains Article 368, which provides the procedure for amending the Constitution of India. This is one of the most important articles as it defines how the Constitution can be modified to adapt to changing times while maintaining its basic structure and democratic principles.
Article 368: Power of Parliament to Amend the Constitution
Article 368: Procedure for Amendment
1. Notwithstanding anything in this Constitution, Parliament may in exercise of its constituent power amend by way of addition, variation or repeal any provision of this Constitution in accordance with the procedure laid down in this article.
2. An amendment of this Constitution may be initiated only by the introduction of a Bill for the purpose in either House of Parliament, and when the Bill is passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting, it shall be presented to the President for his assent and upon such assent being given to the Bill, the Constitution shall stand amended in accordance with the terms of the Bill.
3. Nothing in article 13 shall apply to any amendment made under this article.
4. No amendment of this Constitution (including the provisions of Part III) shall be called in question in any court on any ground.
5. For the removal of doubts, it is hereby declared that there shall be no limitation whatever on the constituent power of Parliament to amend by way of addition, variation or repeal the provisions of this Constitution under this article.
Key Points:
- Parliament has constituent power to amend the Constitution
- Amendments can be by addition, variation, or repeal
- Requires majority of total membership and 2/3 of present and voting
- President's assent is required
- Article 13 (fundamental rights) doesn't apply to amendments
- Amendments cannot be challenged in courts
Types of Amendment Procedures
Simple Majority
Amendments that require only a simple majority in both houses of Parliament:
- Creation of new states
- Alteration of state boundaries
- Admission or establishment of new states
- Formation of new states
- Alteration of names of states
Special Majority
Amendments that require special majority (2/3 of members present and voting + majority of total membership):
- Most constitutional amendments
- Changes to fundamental rights
- Changes to directive principles
- Changes to federal structure
- Changes to judiciary
Special Majority + State Ratification
Amendments that require special majority + ratification by half of state legislatures:
- Election of President
- Extent of executive power of Union and States
- Supreme Court and High Courts
- Distribution of legislative powers
- Representation of states in Parliament
- Any of the lists in Seventh Schedule
- Article 368 itself
Key Features of Article 368
Flexible Yet Rigid
- Combines flexibility and rigidity
- Allows necessary changes
- Protects basic structure
- Prevents arbitrary amendments
Democratic Process
- Requires broad consensus
- Involves both houses
- President's assent required
- State ratification for federal matters
Judicial Review
- Basic structure doctrine
- Supreme Court can review
- Protects constitutional values
- Prevents abuse of power
Federal Safeguards
- State ratification for federal matters
- Protects state interests
- Maintains federal balance
- Ensures cooperative federalism
Historical Context
The amendment procedure was designed to balance the need for constitutional evolution with the protection of fundamental democratic principles. The framers of the Constitution wanted to ensure that the Constitution could adapt to changing circumstances while maintaining its core values.
The amendment procedure has been used over 100 times since the Constitution came into force, reflecting India's dynamic democratic process. Important amendments include the 42nd Amendment (1976), 44th Amendment (1978), 73rd and 74th Amendments (1992), and the 101st Amendment (2016) introducing GST.