Introduction 

• The Constitution of India, 1950 (COI) is a living document that provides the framework for the governance of the country.  
• It is designed to be flexible and adaptable to changing circumstances, which is why it includes provisions for amendments. 
• Article 368 of the COI states the provisions for amending powers of the parliament. 

Classification of Amendments 

• The Constitution of India provides for three types of amendments:
  • Simple Majority Amendments:  
    • These amendments can be passed by a simple majority of the members present and voting in both Houses of Parliament.  
    • They typically pertain to non-essential provisions of the Constitution. 
    • They are the easiest to pass and deal with simpler administrative matters.  
    • Some of the matters are: 
      • Changing the salary of government officials. 
      • Adjusting pension rules. 
      • Making changes to citizenship rules. 
      • Modifying the names of States. 
  • Special Majority Amendments:  
    • These require a special majority, which means they must be approved by:  
      • A majority of the total membership of each House of Parliament. 
      • A majority of the members present and voting. 
    • This type of amendment is necessary for changes that affect the federal structure or the powers of the States. 
    • These amendments are used for: 
      • Changes to Fundamental Rights. 
      • Changes to Directive Principles. 
      • Changes in the powers of the President. 
      • Changes in relations between Center and States.
  • Ratification by States:  
    • Certain amendments require not only the approval of Parliament but also ratification by at least half of the State legislatures.  
    • This is applicable for amendments that affect the representation of States in Parliament or the powers of the States. 
    • These amendments are needed for: 
      • Election of the President. 
      • Distribution of powers between the Center and States. 
      • Representation of States in Parliament. 
      • Lists in the 7^th Schedule (Union List, State List, Concurrent List). 
      • Abolition or creation of Legislative Councils in States. 
      • Any change to Article 368 itself (the amendment process). 

Procedure for Amendment

• Introduction of the Amendment Bill: 
  • The process begins with the introduction of an amendment bill in either House of Parliament.  
  • The bill can be introduced by a minister or by a private member. 
• Discussion and Voting in the Lok Sabha and Rajya Sabha: 
  • The bill is discussed and must be passed by the required majority, depending on the type of amendment.  
  • For simple majority amendments, a simple majority of those present and voting is sufficient.  
  • For special majority amendments, the bill must be passed by a majority of the total membership and a majority of those present and voting. 
• Presidential Assent: 
  • Once the bill is passed by both Houses of Parliament, it is sent to the President of India for assent.  
  • The President can: 
    • Give assent to the bill, 
    • Withhold assent, or 
    • Return the bill (if it is not a money bill) for reconsideration. 
• Ratification by States (if applicable): 
  • If the amendment requires ratification by the states, it must be sent to the State legislatures after receiving the President's assent.  
  • The amendment will come into effect only after it is ratified by at least half of the State legislatures. 
• Notification: 
  • Once the amendment is ratified (if necessary) and receives the President's assent, it is notified in the Official Gazette and becomes part of the Constitution. 

Restrictions on the Parliament’s Amending Powers 

• The Constitution is supreme, not Parliament, and Parliament cannot have unlimited power to amend the Constitution. 
• Basic Structure Doctrine: 
  • One of the most significant restrictions on Parliament's amending powers is the basic structure doctrine.  
  • This principle, established by the Supreme Court, asserts that certain fundamental features of the Constitution cannot be altered or destroyed through amendments.  
  • These features include the supremacy of the Constitution, the rule of law, separation of powers, and the fundamental rights of citizens.  
  • The basic structure doctrine acts as a safeguard against potential abuses of power by Parliament. 
  • Evolution of the basic structure doctrine:
• Procedural Requirements: 
  • The Constitution outlines specific procedures that must be followed for amendments to be valid.  
  • These procedures often require a higher threshold of approval, such as a two-thirds majority in both Houses of Parliament or ratification by a certain number of state legislatures.  
  • These procedural requirements ensure that amendments are not made hastily or without broad consensus, thereby promoting stability and continuity in governance. 
• Subject Matter Limitations: 
  • Certain subjects are explicitly protected from amendment under the Constitution.  
  • For instance, provisions related to the representation of states in Parliament, the powers of the President, and the fundamental rights of citizens are often shielded from alteration.  
  • This restriction ensures that critical aspects of governance and individual liberties remain intact, regardless of the political climate. 

Implications of Restrictions 

• The restrictions on Parliament's amending powers have profound implications for the functioning of democracy.

Conclusion 

The procedure for amending the Indian Constitution is designed to ensure that changes are made thoughtfully and with broad consensus. By requiring different levels of approval depending on the nature of the amendment, the Constitution maintains a balance between flexibility and stability. Understanding this process is essential for anyone interested in the governance and legal framework of India. The restrictions on Parliament's amending powers are essential for preserving the integrity of the Constitution and protecting the democratic values it embodies. By understanding these limitations, citizens and lawmakers alike can appreciate the importance of constitutional safeguards in maintaining a balanced and fair governance system. As society evolves, the dialogue surrounding these restrictions will continue to be vital in ensuring that the Constitution remains a living document that serves the needs of all citizens.