Constitutional Amendment Procedure in India: Simple, Special and Special with Concurrence of States

The Constitution of India is a living document, designed to evolve with changing times. To ensure its relevance and adaptability, the Constitution provides for its own amendment under Article 368. This enables Parliament to modify constitutional provisions while preserving its basic structure. The amendment process strikes a balance between rigidity and flexibility—it is neither as rigid as the U.S. Constitution nor as flexible as the British system. Amendments are categorized into three types: Simple Majority, Special Majority, and Special Majority with the Concurrence of States. Each follows a different procedure, depending on the importance of the provisions being altered. This structured approach ensures democratic participation while maintaining constitutional integrity.

Simple Majority Amendment:

Amendments passed by a simple majority of the members present and voting in Parliament are not governed by Article 368. These are considered ordinary legislative amendments, and their procedure is the same as that followed for passing any ordinary law. A simple majority means more than 50% of the members present and voting, regardless of the total strength of the House.

Such amendments usually deal with non-fundamental or administrative aspects of the Constitution. For example:

• Creation or abolition of Legislative Councils in states (Article 169)

• Changing the names, boundaries, or areas of states (Articles 3 and 4)

• Admission or establishment of new states

• Salaries and allowances of MPs

• Number of judges in the Supreme Court

These amendments do not require approval by the Rajya Sabha (if originated in Lok Sabha) or ratification by state legislatures.

This method offers flexibility in dealing with administrative or structural changes that are less likely to impact the fundamental framework of the Constitution. However, its scope is limited to those provisions that are explicitly exempted from Article 368.

While simple majority amendments are easier to pass, they must still adhere to the Constitution’s overall spirit. They cannot be used to change fundamental rights, the federal structure, or any part of the Constitution that falls under the purview of special majority or state concurrence.

Special Majority Amendment:

A Special Majority Amendment is the most common method used for changing constitutional provisions under Article 368(2). It requires a higher threshold than a simple majority to ensure broader consensus and careful deliberation.

A special majority means:

• A majority of the total membership of each House of Parliament (Lok Sabha and Rajya Sabha), and

• A two-thirds majority of the members present and voting.

This procedure is used for amending key provisions of the Constitution, including:

• Fundamental Rights (Part III)

• Directive Principles of State Policy (Part IV)

• Articles related to the President, Parliament, and judiciary (not involving the states directly)

The bill can originate in either House of Parliament and must be passed separately in both Houses by this special majority. If one House passes it and the other rejects it or makes changes, there is no provision for a joint sitting (unlike ordinary bills).

Once passed by both Houses, the amendment bill is presented to the President for assent. The President is constitutionally bound to give assent—no veto power applies here.

This procedure ensures that important constitutional changes are not made hastily or without adequate support. It preserves the basic structure doctrine laid down by the Supreme Court, meaning even with a special majority, Parliament cannot alter the essential features of the Constitution such as democracy, secularism, judicial independence, or federalism.

Special majority amendments reflect national consensus without undermining the rights and responsibilities of state governments, making it the ideal tool for revising central provisions of governance.

Special Majority with Concurrence of States:

Certain constitutional provisions require not only a special majority in Parliament but also ratification by at least half of the state legislatures. This procedure reflects the federal nature of the Indian Constitution and is applicable when changes affect both the Union and State governments.

The process involves:

1. Passing the bill in each House of Parliament by a special majority (as defined earlier).

2. Ratification by at least 50% of the state legislatures by a simple majority.

3. After ratification, the bill is sent to the President, who must give assent.

This procedure is required for amendments that impact the balance of power between the Centre and States. Examples include:

• Election and powers of the President (Articles 54 and 55)

• Distribution of legislative powers between Union and States (Seventh Schedule)

• Representation of states in Parliament

• Powers of the Supreme Court and High Courts

• Article 368 itself (amendment procedure)

The requirement of state ratification ensures that changes to the federal framework are not made unilaterally by the Union Parliament. It promotes cooperative federalism and protects the autonomy of states.

This method is more complex and time-consuming than the other two, but it is essential for maintaining constitutional balance and mutual trust between the Union and State governments. It also reduces the risk of central overreach and strengthens the role of states in the constitutional process.