1. Introduction: Constitutional Amendment under Article 368

Neither completely flexible like the British Constitution nor rigid like the American Constitution, the Indian Constitution represents a synthesis of flexibility and rigidity.

• Part XX, Article 368: Governs the power of Parliament to amend the Constitution and its procedure (borrowed from the Constitution of South Africa).
• Constituent Power: Parliament, while acting under Article 368, exercises Constituent Power (distinct from its ordinary legislative power under Articles 245–248).

Step-by-Step Procedure under Article 368

1. Introduction: A bill can be introduced in either House of Parliament (Lok Sabha or Rajya Sabha), NOT in state legislatures.
2. Prior Recommendation: Does NOT require prior permission of the President.
3. Introduction by Whom: Can be introduced by a Minister or a Private Member.
4. Passage Threshold: Must be passed in each House separately by a Special Majority (majority of total membership of the House AND majority of 2/3rd of members present and voting).
5. No Joint Sitting: There is NO provision for a Joint Sitting of both Houses in case of disagreement over a Constitutional Amendment Bill (unlike ordinary bills under Article 108).
6. State Ratification (If Federal Provision): Must also be ratified by the legislatures of at least half of the States (≥50%) by a simple resolution before being presented to the President.
7. President's Assent: The President MUST give assent to the bill. He can neither withhold assent nor return the bill for reconsideration (24th Amendment Act 1971 made Presidential assent mandatory).

2. Three Types of Amendments: Within vs. Outside Article 368

The Constitution can be amended in three distinct ways: