Article 368 of the Indian Constitution provides for two types of amendments:
Amendment by Special Majority of Parliament
Most provisions of the Constitution require a special majority of Parliament to amend. This majority is defined as:
- A majority of the total membership of each House, and
- A two-thirds majority of the members present and voting in each House.
Originally, a special majority was only needed for voting at the final stage of a bill. Now, a special majority is required at all important stages of the bill.
Provisions that can be amended this way include:
- Fundamental Rights
- Directive Principles of State Policy
- Any provisions not covered under the second category
Amendment by Special Majority of Parliament and Consent of States
Provisions related to the federal structure require a special majority of Parliament and the consent of half of the state legislatures by a simple majority.
The process is completed once half of the states give their consent; there is no time limit for the states to act.
Provisions that can be amended this way include:
- Election of the President and its manner
- Extent of the executive power of the Union and states
- Supreme Court and high courts
- Distribution of legislative powers between the Union and states
- Goods and Services Tax Council
- Any of the lists in the Seventh Schedule
- Representation of states in Parliament
- Power of Parliament to amend the Constitution and its procedure (Article 368 itself)