Amendment of Indian Constitution: Procedure and List of Amendments
UPSC Prelims
Current affairs
Latest Update
Gajendra Singh Godara
Nov 21, 2025
15
mins read
A constitutional amendment or amendment of Indian Constitution is a process of making changes to the law of the land i.e. Constitution of India. Article 368 provides Parliament with the authority to amend the Constitution by way of addition, variation or repeal of any provision. This variability allows the law to respond to shifts in society and fill in gaps — a point Nehru made when he argued that a Constitution should not be so inflexible that it cannot reflect changes in time.
Amendments have introduced new rights, settled ambiguities, and kept India’s democracy current. For example, the Right to Education and the creation of local governments were made possible by amendments, showing how the Constitution acts as a “living document.”
Power to amend: A bill dealing with amendment of the Constitution of India can be introduced in either house (Lok Sabha or Rajya Sabha). Any Member of Parliament be it a Government Minister or Private Member of Parliament can introduce this bill.
Majority required: Most of the bills regarding Constitutional Amendments need a special majority to get passed in both the houses.
Any proposal to amend the Constitution must originate as a bill introduced in either chamber of Parliament; State Legistures cannot initiate such amendments.
The initiative for this bill can come from either a government minister or any Parliament member. The President’s prior approval is not required for its introduction.
For the bill to progress, it must secure a special majority in both Houses separately: this means approval by more than half of the total membership as well as two-thirds of the members present and voting.
Both the Lok Sabha and the Rajya Sabha must consent to the bill independently. Unlike ordinary bills, there is no provision for a joint session to resolve disagreements between the two Houses regarding constitutional amendments.
In cases where the amendment touches upon certain federal aspects (such as the powers of states), the bill also needs to be ratified by at least half of all State Legislatures. This ratification requires only a simple majority within those State Assemblies.
Following approval by Parliament (and ratification by states if required), the bill is presented to the President of India. The President is obligated by the Constitution to give assent and has no authority to withhold or return the bill for reconsideration.
Once the President gives assent, the bill is enacted as a Constitutional Amendment Act, resulting in the modification of the Constitution according to the bill’s provisions.
The Constitution allows three types of amendments:
By Simple Majority: Applicable to provisions outside Article 368. For instance, adding or naming new states, changing state boundaries, creating or abolishing a state legislature, or adjusting judges’ pay can be done by a simple majority in Parliament. This requires 50 percent of members present and voting.
By Special Majority: This is the standard procedure under Article 368. The amendment must pass each House by a majority of the total membership plus two-thirds of those voting (50% of the total membership of the House + 2/3rd of the members present and voting). Most constitutional provisions (Fundamental Rights, Directive Principles, etc.) require this procedure. For example, the 42nd Amendment of the Indian Constitution used this route.
By Special Majority + State Ratification: This is also done under Article 368 of the Constitution and this is required for amendments concerning federal issues. These need the same parliamentary special-majority as above and approval by at least half of the state legislatures. Changes to state representation in Parliament, distribution of legislative powers (Seventh Schedule), or other Union‐State provisions use this method.
The Basic Structure Doctrine
In the landmark Kesavananda Bharati (1973) Case, the Supreme Court ruled that Parliament’s amending power is broad but not unlimited. It cannot destroy the Constitution’s “basic structure” or essential features. That means certain core principles are immune to amendment.
Core features of the basic structure include:
Democracy: Free elections and popular sovereignty.
Secularism: State neutrality on religion.
Federalism: Division of powers between Union and states.
Separation of Powers: Distinct legislative, executive, and judicial functions.
Rule of Law: Government must act within law.
Judicial Review: Courts can strike down unconstitutional laws.
Fundamental Rights: Basic liberties like equality and freedom.
These foundational features must be preserved even when amending laws, safeguarding the Constitution’s spirit beyond mere text changes.
Some of the significant judgments regarding the limitations of amending power of the Parliament are:
Minerva Mills v. Union of India (1980): The Supreme court correctly held the “Basic Structure Doctrine”, invalidating the provisions of 42nd Amendment Act of 1976, which declared no limitation to the constituent power of Parliament under Article 368.
I.R. Coelho v. State of Tamil Nadu (2007): The Supreme Court again held the basic doctrine structure and stated that Parliament cannot increase the amending power by amendment of Article 368.
Constitution (99th Amendment) Act, 2014: This amendment created a new body (NJAC) to appoint judges. The Supreme Court struck it down, saying: "This violates judicial independence, which is a basic feature of our Constitution that cannot be amended away."
Aspirants should remember the following key amendments and their significance:
1st Constitutional Amendment (1951):
Added the Ninth Schedule (protecting land-reform and other laws from court challenge)
It broadened grounds to restrict free speech (e.g. “public order” and social justice).
24th & 25th Constitutional Amendments (1971):
The 24th affirmed Parliament’s power to amend any part of the Constitution (overriding the Golaknath judgment).
The 25th curtailed the right to property by replacing “compensation” with a nominal “amount” in land acquisition, allowing the State greater leeway in reform.
42nd Amendment of Indian Constitution (1976):
It was called a “mini-Constitution,” this Emergency-era act made sweeping changes:
It added “socialist,” “secular,” and “integrity” to the Preamble
Inserted 10 Fundamental Duties (Art 51A)
Gave primacy to Directive Principles over Fundamental Rights; and curtailed judicial review (barring courts from questioning certain constitutional amendments).
It also extended Parliament and state assemblies’ terms from 5 to 6 years and strengthened central authority.
44th Constitutional Amendment (1978):
It revoked many 42nd Constitutional Amendment provisions, restored judicial review, restored the Lok Sabha term to five years, and narrowed emergency powers.
Replacing “internal disturbance” with “armed rebellion” as a ground for emergency and barring suspension of Articles 20 and 21 (personal liberty and fair trial).
It also made the President subject to the advice of the Cabinet.
73rd & 74th Constitutional Amendments (1992):
This marks the constitutional recognition for local self-government. Part IX of the Constitution (Panchayats) was brought in by the 73rd Amendment and provided for a three-tier system of Panchayati Raj in the country – village, intermediate and district level.
It provided for one-third representation of women (including the position of chairperson) and SC/ST in all Panchayats. The 74th Constitution Amendment introduced Part IXA for urban bodies (Nagar Palika/Nagar Nigam etc) with identical reservation provisions.
86th Constitutional Amendment (2002):
Added Article 21A, making free and compulsory education a fundamental right for children aged 6 to 14.
This enshrined the Right to Education (RTE) in the Constitution.
52nd Constitutional Amendment (1985):
Gave effect to the Anti-Defection Law (Tenth Schedule of the Indian Constitution) which sought to ensure that a legislator does not change his party and remain in power.
101st Constitutional Amendment (2016):
It revamped indirect taxation with the introduction of a unified GST replacing portions of Central and state level indirect taxes.
A GST Council was established to determine rates, intending for a single market.
103rd Constitutional Amendment (2019):
Provided 10% reservation for Economically Weaker Sections (EWS) in government jobs and educational institutions, in addition to existing caste-based quotas.
106th Constitutional Amendment (2023):
The Women's Reservation Bill reserves 33% (one-third) of seats for women in Lok Sabha and state legislative assemblies.
The amendment also provides 33% reservation for women within seats already reserved for Scheduled Castes (SC) and Scheduled Tribes (ST).
Prelims
Q. Consider the following subjects under the Constitution of India: (2025)
List I-Union List, in the Seventh Schedule
Extent of the executive power of a State
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?
1 and 2 only
2 and 3 only
1 and 3 only
1, 2 and 3
Answer: (b)
Q. Consider the following statements: (2022)
A bill amending the Constitution requires a prior recommendation of the President of India.
When a Constitution Amendment Bill is presented to the President of India, it is obligatory for the President of India to give his/her assent.
A Constitution Amendment Bill must be passed by both the Lok Sabha and Rajya Sabha by a special majority and there is no provision for joint sitting.
Which of the statements given above are correct?
1 and 2 only
2 and 3 only
1 and 3 only
1, 2 and 3
Answer: (b)
Q. Consider the following statements: (2019)
The 44th Amendment to the Constitution of India introduced an article placing the election of the Prime Minister beyond judicial review.
The Supreme Court of India struck down the 99th amendment to the Constitution of India as being violative of the independence of the judiciary.
Which of the statements given above is/are correct?
1 only
2 only
Both 1 and 2
Neither 1 nor 2
Answer: (b)
Mains
Q. “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? (2019)
Frequently asked question (FAQs)
UPSC Calendar 2026 is released on 15th May, 2025.
UPSC Mains Result 2025 is now released.
Check out the updated and latest UPSC Syllabus 2026 here.
UPSC Notification 2025 was released on 22nd January 2025.
UPSC Prelims Question Paper 2025 and Unofficial Prelims Answer Key 2025 are available now.
UPSC Prelims 2026 will be conducted on 24th May, 2026 & UPSC Mains 2026 will be conducted on 21st August 2026.
The UPSC Prelims 2026 is scheduled for May 24, 2026, while the UPSC Mains 2026 will be conducted from August 21, 2026.
The UPSC Selection Process is of 3 stages-Prelims, Mains and Interview.
UPSC Result 2024 is released with latest UPSC Marksheet 2024. Check Now!
