How Do Amendments Take Place in the Indian Constitution?
- Navaneet Ravi
- Aug 27
- 2 min read
The Constitution of India is the supreme law of the land. It provides the framework for governance, rights, duties, and the structure of our democracy. However, no constitution can remain static forever—society evolves, new challenges arise, and governance needs change. That’s why our Constitution includes provisions for amendments, ensuring it stays relevant while safeguarding its core principles.
In India, the process of amending the Constitution is laid down in Article 368 part 20. Let’s understand step by step how amendments take place.
1. Introduction of the Amendment Bill
A Constitution Amendment Bill can be introduced in either House of Parliament – Lok Sabha or Rajya Sabha.
It can be introduced by a minister or even a private member.
Importantly, no prior permission of the President is needed for introducing such a bill.
2. Passage in Parliament
Unlike ordinary laws, constitutional amendments require a special majority in both Houses of Parliament:
At least 50% of the total membership of the House, and
At least two-thirds of the members present and voting.
This ensures that amendments cannot be passed casually and reflect the broader consensus of the Parliament.
How Do Amendments Take Place in the Indian Constitution?
3. Ratification by the States (if necessary)
Not all amendments require state approval. But for provisions related to:
Federal structure of the Union and States
Representation of States in Parliament
Distribution of powers between the Centre and States
Election of the President, etc.
…the amendment must be ratified by at least half of the State Legislatures before it can become law.
4. President’s Assent
Once Parliament (and the states, if required) approve the bill, it is sent to the President of India.
The President is bound to give assent—he cannot withhold or return the bill.
After the President’s assent, the amendment becomes a part of the Constitution.
Why Amendments Matter
Amendments allow the Constitution to grow with time while protecting its spirit. For example:
The 1st Amendment (1951) placed reasonable restrictions on freedom of speech.
The 42nd Amendment (1976), known as the “Mini-Constitution,” brought wide-ranging changes during the Emergency.
The 44th Amendment (1978) restored democratic values after the Emergency.
The 73rd and 74th Amendments (1992) strengthened local self-government through Panchayats and Municipalities.
The amendment process strikes a fine balance—it is rigid enough to prevent frequent or careless changes but flexible enough to adapt to evolving needs of society. This is why Dr. B.R. Ambedkar called the Indian Constitution “both rigid and flexible.”
Understanding how amendments work helps us appreciate how our democracy remains dynamic, resilient, and responsive to the people it serves.
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