The procedure for amending the Constitution of India is outlined in Article 368 and involves several steps to ensure a deliberate and careful approach to changes in the Constitution. Below are the key aspects of the amendment process:
➤ Initiation of the Amendment:
- An amendment bill can be introduced in either House of Parliament (Lok Sabha or Rajya Sabha).
- The bill can be introduced by a minister or a private member.
- The bill does not require prior permission from the President.
➤ Special Majority Approval:
- The bill must be passed in each House of Parliament by a special majority:
- A majority of the total membership of the House.
- A majority of two-thirds of the members present and voting.
➤ Separate Passage by Each House:
- Both Houses must pass the bill separately.
- In case of disagreement between the two Houses, there is no provision for a joint sitting.
➤ State Legislature Ratification (if required):
- If the bill amends any federal provisions, it must be ratified by at least half of the state legislatures by a simple majority (a majority of members present and voting).
➤ Presidential Assent:
- Once the bill has been passed by both Houses and ratified by state legislatures (if necessary), it is presented to the President for assent.
- The President is required to give his assent to the bill. He cannot withhold assent or return the bill to Parliament.
➤ Becoming a Constitutional Amendment Act:
- After the President's assent, the bill becomes a constitutional amendment act, and the Constitution stands amended as per the terms of the act.
This procedure ensures that changes to the Constitution are made with careful consideration and broad support across Parliament and, in some cases, the state legislatures as well. It also protects the integrity and stability of the Constitution.
