Constitutional Amendments (Art 368)

Elaboration

Need: A living document must adapt; amendment avoids rigidity (breakdown) and excess flexibility (loss of stability). Procedure is in Part XX, Art 368.
Three methods of amendment:
1. Simple majority (outside Art 368): admission/formation of new states (Arts 2, 3), alteration of boundaries/names, abolition or creation of Legislative Councils (Art 169), Second Schedule (salaries), quorum, Parliamentary privileges, official language, citizenship, Fifth/Sixth Schedules, use of English, rules of procedure, UTs (Art 239A), etc.
2. Special majority (most provisions): majority of the total membership of each House + 2/3 of members present and voting ( at least 50%+ of the total membership). Applies to Fundamental Rights, DPSP, and all provisions not covered by 1 or 3.
3. Special majority + ratification by at least half of state legislatures ( simple majority in those states): for federal provisions: election of the President (Arts 54, 55), extent of executive power of Union and states (Arts 73, 162), Supreme Court and High Courts (Ch. IV of Part V, Ch. V of Part VI), Union Territories' High Courts (Art 241), Chapter I of Part XI (legislative relations), the Seventh Schedule, representation of states in Parliament, Art 368 itself, Fourth Schedule seats, GST (101st) decisions.
Procedure: Introduced only in Parliament (either House; not in state legislatures; except the resolution for creation/abolition of Legislative Council); can be introduced by a minister or private member; no prior permission of President needed; must be passed by each House separately; no joint sitting for deadlock; President must give assent ( 24th Amendment); no time limit for state ratification.
Limits: Basic structure (Kesavananda); judicial review of amendments (Minerva Mills).
Criticisms: Too frequent (over 100 amendments), no referendum, amendment by Parliament alone for most provisions; Parliament is the constituent and legislative body; anti-people amendments during Emergency (39th, 42nd).
Merits: flexibility, adaptation to changing social conditions, reflecting federal balance.

Key points to remember

Only Parliament can initiate (not states); except resolution for Legislative Councils.
No joint sitting for constitutional amendments.
President's assent compulsory (24th Amendment, 1971).
Special majority = >50% total membership + 2/3 present and voting.
Ratification by half of states (simple majority in each state legislature).
Latest amendment count: 106th Amendment (2023) on women's reservation (note: check the latest count before the exam).

PYQ / MCQ

Which of the following needs ratification by half of the state legislatures? (a) Fundamental Rights (b) Election of the President (c) Citizenship (d) Formation of new states Answer: (b)
The procedure for amendment is given in: (a) Art 356 (b) Art 368 (c) Art 370 (d) Art 360 Answer: (b)
Consider: (1) A Constitutional Amendment Bill can be introduced in a state legislature. (2) The President can withhold assent to a Constitutional Amendment Bill. Which is correct? Answer: Neither 1 nor 2.