What is the procedure to amend the Constitution?

A federal constitution is. generally rigid. In the United States where the constitution is strictly federal in structure, its amendment is very difficult. But since the Constitution of India is federal with a unitary bias, it is neither rigid nor very flexible. The procedure laid down by the Constitution for its amendment is neither so easy as in England nor so difficult as in the United States. The Constitution of England is highly flexible. It can be amended by a simple majority of the British Parliament. Both ordinary and constitutional laws are enacted in the same manner. The method of amendment of the Indian Constitution is as follows:
(1) A highly rigid method of amendment is provided for some provisions of the Constitution which have a vital importance for the States of the Indian Union. These provisions include election of the President, executive powers of the Union and State Government, legislative relations between the Union and the States, Supreme Court and State High Courts, representation of the States in Parliament. Article 368 lays down different procedures for constitutional amendment for such provisions. In all these cases a constitutional amendment must be passed by the Parliament by a majority of its total membership and a two-third majority of the members present and voting in each house separately. It must also be ratified by at least half the legislatures of the States before the President gives assent to it.
(2) The remaining provisions of the Constitution can be amended by an absolute majority of house and by a majority of not less than two-thirds of the members present and voting in each house of the Parliament separately. A constitutional amendment passed in this manner becomes a part of the Constitution after receiving the assent of the President.
It may be noted that all constitutional amendments can be proposed by the Union Parliament. An amendment to the Constitution can be initiated by the introduction of a Bill in either House of Parliament. The State legislatures have no authority to propose amendments.
There is a loophole in the Constitution. A constitutional amendment passed according to the prescribed methods must also be approved by the President. There in no provision.as to whether the President is bound to give his assent to such a constitutional amendment. At the same time he has not been given "veto" power in case of constitutional amendments.
An amendment to the Constitution, however, cannot be called in question in any court on any ground. This provision has been made under the 42nd amendment to the Constitution.
71 days ago

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