Constitution as a living document
1. ARE CONSTITUTIONS STATIC?
Many countries change their constitutions, but India has followed the same one since 1950.
The Indian Constitution has survived because its rigid, flexible & made by farsighted leaders.
Though not perfect, it works well as a living & adaptable document by amendments
B. France had many constitutions: 1st in 1793, 2nd in 1848, 3rd in 1875, 4th in 1946, and 5th in 1958
after many changes since the revolution.
Article 368: Parliament can amend the Constitution by adding, changing, or removing any part by
special majority
Article 2: Parliament may by law admit new states into the Union.
Article 3: Parliament may by law… b) increase the area of any state…
2. HOW TO AMEND THE CONSTITUTION?
the Constitution balances flexibility & rigidity to allow imp changes while protecting imp features
Minor provisions can be easily amended, but key features and state rights are made rigid.
Amendments are initiated only by Parliament and require no outside approval, showing the
supreme authority of elected representatives called parliamentary sovereignty
I. Simpler majority
Many articles of the Constitution can be changed by a simple law passed by Parliament without
needing the special procedure of Article 368
these parts are flexible and amended by the wording ‘by law’ allowing easy modification.
II. Special Majority
Special majority means an amendment bill needs support of more than ½ of total members plus
2/3rd of those voting.
The ammendemnt need to pass in both houses with majority
Ex: In Lok Sabha of 545 members, at least 273 must support amendment even if fewer vote
Both houses must pass amendment separately; no joint session allowed
This ensures broad agreement and prevents easy amendments by thin majority
III. Ratification by States
Some articles need special majority+ consent of half the States to amend, protecting federal
powers.
Half States’ legislatures must approve by simple majority, allowing States' participation.
This ensures wide consensus, respects federalism, and allows flexible yet firm amendment
process.
A. What’re 2 main principles dominating amendment processes in most modern constitutions?
One principle is the Special majority needing 2/3rd majority in countries like the US & 3/4th in
South Africa and Russia for some amendments.
People’s participation lets citizens starts or approve amendments as in Switzerland, RUS, and ITLY
A. amendments by simple majority:- in Lok Sabha & Rajya Sabha of 50%+!
changes in the name & state's boundaries
creation or abolition of state legislative council
salaries & allowances of the legislative councils in states and governors and presidents
changing jurisdiction of a specific states
addition: article 124: deals with judges' appointment; article 135: deals with giving more
jurisdiction to supreme court article 81: relating the constituencies; delimitation; article 37:
supreme court's power to review its own judgment
B. amendments by special majority amendment
provision related to FRs & DPSPs are amendment by this procedure
1. ARE CONSTITUTIONS STATIC?
Many countries change their constitutions, but India has followed the same one since 1950.
The Indian Constitution has survived because its rigid, flexible & made by farsighted leaders.
Though not perfect, it works well as a living & adaptable document by amendments
B. France had many constitutions: 1st in 1793, 2nd in 1848, 3rd in 1875, 4th in 1946, and 5th in 1958
after many changes since the revolution.
Article 368: Parliament can amend the Constitution by adding, changing, or removing any part by
special majority
Article 2: Parliament may by law admit new states into the Union.
Article 3: Parliament may by law… b) increase the area of any state…
2. HOW TO AMEND THE CONSTITUTION?
the Constitution balances flexibility & rigidity to allow imp changes while protecting imp features
Minor provisions can be easily amended, but key features and state rights are made rigid.
Amendments are initiated only by Parliament and require no outside approval, showing the
supreme authority of elected representatives called parliamentary sovereignty
I. Simpler majority
Many articles of the Constitution can be changed by a simple law passed by Parliament without
needing the special procedure of Article 368
these parts are flexible and amended by the wording ‘by law’ allowing easy modification.
II. Special Majority
Special majority means an amendment bill needs support of more than ½ of total members plus
2/3rd of those voting.
The ammendemnt need to pass in both houses with majority
Ex: In Lok Sabha of 545 members, at least 273 must support amendment even if fewer vote
Both houses must pass amendment separately; no joint session allowed
This ensures broad agreement and prevents easy amendments by thin majority
III. Ratification by States
Some articles need special majority+ consent of half the States to amend, protecting federal
powers.
Half States’ legislatures must approve by simple majority, allowing States' participation.
This ensures wide consensus, respects federalism, and allows flexible yet firm amendment
process.
A. What’re 2 main principles dominating amendment processes in most modern constitutions?
One principle is the Special majority needing 2/3rd majority in countries like the US & 3/4th in
South Africa and Russia for some amendments.
People’s participation lets citizens starts or approve amendments as in Switzerland, RUS, and ITLY
A. amendments by simple majority:- in Lok Sabha & Rajya Sabha of 50%+!
changes in the name & state's boundaries
creation or abolition of state legislative council
salaries & allowances of the legislative councils in states and governors and presidents
changing jurisdiction of a specific states
addition: article 124: deals with judges' appointment; article 135: deals with giving more
jurisdiction to supreme court article 81: relating the constituencies; delimitation; article 37:
supreme court's power to review its own judgment
B. amendments by special majority amendment
provision related to FRs & DPSPs are amendment by this procedure
