Context
Recently, the Lok Sabha was adjourned sine die following the defeat of the Constitution (131st Amendment) Bill, 2026, which failed to secure the mandatory two-thirds “Special Majority” required under Article 368. This legislative proposal sought to increase the strength of the Lok Sabha to 850 members and decouple the implementation of women’s reservation from the post-2026 census requirements.
1. Constitutional Source and Power
- The power to amend the Constitution is enshrined in Article 368 of Part XX.
- It grants Parliament the “constituent power” to add, vary, or repeal any provision.
- However, as per the Kesavananda Bharati Case (1973), this power is not absolute and cannot be used to alter the “Basic Structure” of the Constitution.
2. Procedure for Amendment
The procedure for a Constitutional Amendment Bill (CAB) is distinct from ordinary bills in the following ways:
- Initiation: A CAB can only be initiated in either House of Parliament (Lok Sabha or Rajya Sabha) and not in State Legislatures.
- Introduction: It can be introduced by either a Minister or a Private Member.
- Prior Permission: Unlike Money Bills, a CAB does not require the prior recommendation of the President for its introduction.
- Passage: The Bill must be passed in each House by a Special Majority (a majority of the total membership of that House AND a majority of not less than two-thirds of the members present and voting).
- No Joint Sitting: There is no provision for a joint sitting of the two Houses in case of a deadlock over a CAB. Each House must pass it separately.
- State Ratification: If the Bill seeks to amend the federal features of the Constitution (e.g., election of the President, Seventh Schedule, representation of states in Parliament), it must also be ratified by the legislatures of half of the states by a simple majority.
- Presidential Assent: Once passed by both Houses (and ratified by states if necessary), the President must give assent to the Bill. The 24th Amendment Act of 1971 made it obligatory for the President to give his assent; he can neither withhold assent nor return the Bill for reconsideration.
3. Types of Amendments
The Constitution provides for three categories of amendments, though Article 368 specifically deals with the latter two:
| Type of Amendment | Requirement | Examples |
| Simple Majority | Majority of members present and voting. (Not deemed as amendment under Art 368). | Admission of new states; Abolition/Creation of Legislative Councils; Quorum in Parliament. |
| Special Majority (Art 368) | Total Membership (>50%) + 2/3rd Present & Voting. | Fundamental Rights; Directive Principles of State Policy (DPSP). |
| Special Majority + State Ratification | Special Majority + Consent of 1/2 of State Legislatures. | Distribution of legislative powers; Supreme Court & High Courts; Goods and Services Tax Council (Art 279A). |
Q. With reference to the Constitution (Amendment) Bill, consider the following statements:
1. The prior recommendation of the President of India is required for the introduction of a Constitution Amendment Bill in the Parliament.
2. In case of a disagreement between the Lok Sabha and the Rajya Sabha, there is a provision for a joint sitting to resolve the deadlock.
3. The President of India is bound to give his assent to a Constitution Amendment Bill and cannot return it for reconsideration.
Which of the statements given above is/are correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 3 only
(d) 1, 2 and 3
Answer: (c) 3 only
Solution:
STATEMENT 1 IS INCORRECT: A Constitution Amendment Bill can be introduced in either House of Parliament without the prior recommendation of the President.
STATEMENT 2 IS INCORRECT: Article 368 does not provide for a joint sitting of the two Houses. Each House must pass the Bill separately by the prescribed special majority.
STATEMENT 3 IS CORRECT: Under the 24th Constitutional Amendment Act, 1971, it was made compulsory for the President to give his assent to a Constitution Amendment Bill. The President cannot withhold assent or return the Bill to Parliament.
