How is the Constitution of India Amended?

The constitution of India is amended by the following ways:

Article 368 in Part XX of the Constitution specifies the powers of Parliament to amend the Constitution and its procedure. The amending procedure is neither rigid nor flexible. However, since the decision of the Supreme Court in the Keshavananda Bharati Case, the Parliament cannot amend the basic features of the Constitution.

Any Bill for amendment of the Constitution can be introduced in either House of the Parliament only. The Bill may be introduced by a minister or a private member for which prior sanction of the President is not required. The Bill need to be passed in each House by a special majority of the total membership of the House and a majority of two-thirds of the members of the House present and voting.

The Bill must be duly passed by both Houses separately because joint-sitting is not available. However, any such Bill which tends to amend any federal provision must be ratified by the legislative of half of the States by a simple majority. After being duly passed, it must be presented to the President for assent, to which he must give his assent because such a Bill can never be with held or returned for reconsideration. The Bill becomes an Act after being assented to by the President.

However, these procedures have been criticized on several grounds. The most significant of which is the absence of a separate body for amending the Constitution.

The amending powers have been vested in the Parliament which can amend either by a special majority or by a simple majority; only in case of amending the federal features of the Constitution consent of the States is required.

This have exposed the power of amendment to the possibilities of being misused by the Central Government. Some instances would amply clarify the situation. The 38th Amendment barred judicial review of Presidential orders suspending the enforcement of Fundamental Rights.

Followed by 39th amendment which ousted the jurisdiction of courts with retrospective effect, in respect of any petition challenging the Prime Ministers election to the Lok Sabha. The amendment put the representation of the People Act, 1951 together with the motivated 1975 amendment in the IXth schedule to Constitution so that it became protected against challenge on the ground that it violated the Fundamental Rights. Then there was the historic 42nd Amendment which sought to institutionalize national emergency of 1975.

These are sufficient to indicate that the amendment of the Constitution have often been handmade of the centre to satisfy petty interests of enhancing the powers of the party in power at that point of time.