How to amend

Article 368 gives Parliament power to amend 'by way of addition, variation or repeal any provision' of the Constitution, following its procedure. The makers wanted the Constitution to be both flexible (easy to change where needed) and rigid (protected from frequent, careless change).

Three ways to amend:

• Like an ordinary law (simple majority): some articles say Parliament may act 'by law', for example Article 2 (admitting new states) and Article 3 (changing a state's area). These are not Article 368 amendments at all.
• Special majority in each House, separately (Article 368).
• Special majority plus ratification by half the States: for provisions on the distribution of powers between the Centre and the States and on representation. Each state legislature needs only a simple majority.

What a special majority means. Ordinary business needs a simple majority of those voting. An amendment needs both:

• support from at least half the total strength of the House; and
• support from two-thirds of members present and voting.
• Each House must pass it separately; there is no joint sitting for amendment bills.

Other features of the process:

• Amendments start only in Parliament; no outside body (such as a constitution commission) is needed, and there is no referendum.
• The amendment bill goes to the President, who cannot send it back for reconsideration.
• So only elected representatives decide amendments: parliamentary sovereignty is the basis of the procedure.
• A ruling party with a thin majority can pass ordinary laws, but must win over some opposition parties to amend the Constitution. As Dr Ambedkar said, if those unhappy with the Constitution cannot win even a two-thirds majority, their unhappiness cannot be said to be shared by the public.
• The States' role keeps federalism safe, while needing only half the States keeps the process practical.

Other countries use the same two principles: a special majority (two-thirds in the US; three-fourths for some amendments in South Africa and Russia) or people's participation (in Switzerland, people can even start an amendment; Italy and Russia also involve voters).

Example (new): a House of 245 members votes on an amendment and 180 members vote. Half the total strength is 123, and two-thirds of 180 is 120. The bill needs the larger figure, 123 votes in favour.