Article 368 of Part XX outlines the constituent power of Parliament to amend the Constitution by way of addition, variation, or repeal.
1. Three Methods of Amendment
The Indian Constitution strikes a balance between flexibility and rigidity, providing three distinct procedures for amendment:
| Simple Majority (Outside Art 368) | Special Majority (Under Art 368) | Special Majority + State Ratification |
|---|---|---|
| Requires a simple majority of members present and voting (like ordinary laws). | Requires a majority of total membership of each house AND 2/3rds present and voting. | Requires Special Majority AND ratification by at least half of the State Legislatures. |
| Admission of states (Art 2), boundaries (Art 3), second schedule salaries. | Fundamental Rights (Part III), Directive Principles (Part IV). | Election of President (Art 54), Supreme Court powers, representation of states in Parliament. |
Note: A Constitutional Amendment Bill can be introduced in either House of Parliament, but cannot be introduced in a State Legislature. The President must give assent to the Bill when passed; there is no power to veto or return a constitutional amendment bill.