A Delicate Balance: The Amendment Procedure of the Indian Constitution

A Delicate Balance: The Amendment Procedure of the Indian Constitution

The Indian Constitution, a testament to the nation's democratic aspirations, provides a well-defined procedure for its amendment. This process, outlined in Article 368, is designed to strike a delicate balance between flexibility and rigidity, ensuring that the Constitution evolves with time while preserving its core principles. Flexibility and Rigidity in the Amendment Process The Constitution offers a tiered approach to amendments, catering to different levels of constitutional change: Simple Majority: Certain provisions, such as those related to the admission or establishment of new states, can be amended by a simple majority of both Houses of Parliament, without invoking Article 368. Special Majority: Most provisions, including those related to fundamental rights and directive principles of state policy, require a special majority in both Houses of Parliament. This involves a majority of the total membership of each House and a majority of not less than two-thirds of the members …