Question

How can the constitution be amended?

Answer 1

Hint: The constitution of India, though not completely flexible, is an overall flexible constitution. There are certain provisions through which it can be amended when the need to do so arises. However, depending on the aspect to be amended, the procedure varies.

Complete answer: There are three ways through which amendment can be achieved: 1. Simple majority of the Parliament; 2. Special majority of the Parliament; and, 3. Simple majority of the Parliament along with ratification by half of the states.

-Simple majority of the Parliament: This majority is achieved when more than half the members present and voting of both Rajya Sabha and Lok Sabha are in favour of a decision. Some of the provisions where such procedure applies are admission or establishment of new states, salaries and allowances of the members of Parliament, delimitation of constituencies, etc.
-Special majority of the Parliament: This majority is achieved when a majority of the total membership of each house and more than two-thirds of the members present and voting of both Rajya Sabha and Lok Sabha are in favour of a decision. This provision applies to more fundamental aspects of the constitution, such as the Fundamental Rights or the Directive Principles of State Policy.
-Special majority of Parliament and consent of half of the states: This provision relates to more federal aspects of the constitution, like, election of the President and its manner, distribution of legislative powers between the union and the states, etc.

Note: The former two provisions are enlisted in article 368 of the Indian constitution within part XX. The last provision is not mentioned in that article. However, it is mentioned in some other articles of the constitution.