Constitution Section 368 — Power of Parliament to amend the Constitution and procedure therefor
Part XX — AMENDMENT OF THE CONSTITUTION
Constitutional
Summary
Parliament has the special power to change the Constitution by adding, modifying, or removing any of its provisions. This process starts with a bill introduced in either the Lok Sabha or Rajya Sabha, and to pass, the bill must be approved by a majority of the total members of each House and by at least two-thirds of the members who are present and voting. Once passed, the bill goes to the President, who must give their approval, and then the Constitution is amended as stated in the bill. For certain changes—such as those affecting the election of the President, the powers of the Union or States, the Supreme Court or High Courts, the distribution of legislative subjects, or the representation of States in Parliament—the amendment also needs to be ratified by at least half of the State legislatures before it can be presented to the President. No amendment made under this article can be challenged in any court, and Parliament’s power to amend the Constitution is unlimited.
Official Text
(1) Notwithstanding anything in this Constitution, Parliament may in exercise of its constituent power amend by way of addition, variation or repeal any provision of this Constitution in accordance with the procedure laid down in this article.
(2) An amendment of this Constitution may be initiated only by the introduction of a Bill for the purpose in either House of Parliament, and when the Bill is passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting, it shall be presented to the President who shall give his assent to the Bill and thereupon the Constitution shall stand amended in accordance with the terms of the Bill:Provided that if such amendment seeks to make any change in—
(a) article 54, article 55, article 73, article 162, article 241 or article 279A; or
(b) Chapter IV of Part V, Chapter V of Part VI, or Chapter I of Part XI; or
(c) any of the Lists in the Seventh Schedule; or
(d) the representation of States in Parliament; or
(e) the provisions of this article,the amendment shall also require to be ratified by the Legislatures of not less than one-half of the States by resolutions to that effect passed by those Legislatures before the Bill making provision for such amendment is presented to the President for assent.
(3) Nothing in article 13 shall apply to any amendment made under this article.
(4) No amendment of this Constitution (including the provisions of Part III) made or purporting to have been made under this article whether before or after the commencement of section 55 of the Constitution (Forty-second Amendment) Act, 1976 shall be called in question in any court on any ground.
(5) For the removal of doubts, it is hereby declared that there shall be no limitation whatever on the constituent power of Parliament to amend by way of addition, variation or repeal the provisions of this Constitution under this article.