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How is a Constitution Amendment Bill passed?

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An inside view of the Lok Sabha building, where constitutional amendments must secure a special majority to pass.

An inside view of the Lok Sabha building, where constitutional amendments must secure a special majority to pass. | Photo Credit: ANI

With the Lok Sabha discussing The Constitution (One Hundred and Thirty-First Amendment) Bill, 2026, seeking to increase the  size and composition of Lok Sabha and State Legislative Assemblies, government is reaching out to Opposition parties to gather support. Several opposition parties, including All India Trinamool Congress (TMC), Dravida Munnetra Kazhagam (DMK), Biju Janata Dal (BJD), and Congress have lodged vehement protest against the proposed change, and have reached out to ruling party allies to oppose the Bill.

In a bid to effect these changes, the ruling Bharatiya Janata Party (BJP) would seek to amend the bill in both houses of the parliament. By which, it would supersede the existing allocation, connected with the 1971 Census, with an open-ended formula enabling parliament to choose Census by ordinary law.

The process of passing a Bill that amends the Constitution is slightly different from the passage of government or a private member Bill.

NDA inches towards two-thirds majority in Rajya Sabha; short in Lok Sabha despite TMC rebellion

The power to amend the Constitution is vested upon the Parliament. A Constitution Amendment bill can be introduced in either House of Parliament.

While motions for introduction of such bills are adopted by simple majority, a majority of not less than two-thirds of the members present and voting is required for adoption of effective clauses and motions for consideration and passing of these Bills.

After being passed, these bills must also be ratified by at least half of the State Legislatures before they can come into effect. Finally, the bill gets presented before the President of India for final assent.

How many MPs need to say ‘Yes’

The Lok Sabha consists of 543 members, while Rajya Sabha has 245 members. The same rule applies for both houses: a majority of total membership must be present and voting, and of those present, at least two-thirds must vote yes.

For instance, in Lok Sabha, it is essential to garner 362 votes if all 543 MPs are present (two-third of the majority) in Lok Sabha. If 450 members are present, at least 300 votes are needed to make pass the bill. If the House has an attendance of 272 MPs, you still need 182 in favour.

The Rajya Sabha works the same way. Full house means 164 yes-votes needed. If 200 members are present, the ‘magic number’ sits at 134. At minimum presence of 123, you need 82 votes.

States must also say ‘Yes’

The Bill does not secure amendment by just being passed on both Houses of parliament. As mentioned under Article 368 (2), the Bill should receive ratification by at-least one-half of the state legislatures. With 28 Legislative Assemblies currently, a minimum of 14 of them must pass a resolution in favour. And unlike most procedural steps, there is no deadline. States can take as long as they need — or stall indefinitely.

Also Read : Constitution Amendment Bill on delimitation a biased move by Centre, alleges TVK chief Vijay

Following the State’s ratification, the Bill reaches the President for assent. Upon President of India’s assent, the Bill becomes an Act and it notified in the Gazette.

Published - April 16, 2026 04:16 pm IST

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