Amendment of Constitution Short Notes

 

 

Amendment of the Indian Constitution

 

 

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Amendment of the Indian Constitution

Article 368:

• Deals with the Parliament's powers to amend the Constitution.
• The Supreme Court ruled (Kesavananda Bharati case, 1973) that the Parliament cannot amend the 'basic structure' of the Constitution.

Amendment Procedure:

(1) Initiation:

• A bill can be introduced in either House of Parliament.
• Cannot be initiated by state legislatures.

(2) Introduction:

• By a minister or private member.
• No prior presidential permission required.

(3) Passing the Bill:

• Requires a special majority in each House:
• Majority of the total membership.
• Two-thirds majority of members present and vote.

(4) Separate Approval:

• Both Houses must pass the bill separately.
• No joint sitting for resolving disagreements.

(5) Federal Provisions:

• Bills amending federal provisions must be ratified by half of the state legislatures (simple majority).

(6) Presidential Assent:

• President must give assent; cannot withhold or return the bill.
• 24th Amendment (1971) made presidential assent obligatory.

(7) Becoming an Act:

• Post presidential assent, the bill becomes a constitutional amendment act.

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Types of Amendments

By Simple Majority of Parliament:

• Certain provisions can be amended by a simple majority of both Houses of Parliament, outside the scope of Article 368. These include:
• Admission or establishment of new states.
• Formation of new states and alteration of areas, boundaries, or names of existing states.
• Abolition or creation of legislative councils in states.
• Second Schedule - emoluments, allowances, privileges of the president, governors, Speakers, judges, etc.
• Quorum in Parliament.
• Salaries and allowances of Parliament members.
• Rules of procedure in Parliament.
• Privileges of Parliament, its members, and its committees.
• Use of English language in Parliament.
• Number of puisne judges in the Supreme Court.
• Conferment of more jurisdiction on the Supreme Court.
• Use of official language.
• Citizenship - acquisition and termination.
• Elections to Parliament and state legislatures.
• Delimitation of constituencies.
• Union territories.
• Fifth Schedule - administration of scheduled areas and scheduled tribes.
• Sixth Schedule - administration of tribal areas.

By Special Majority of Parliament:

• Most provisions require a special majority: a majority of the total membership of each House and a two-thirds majority of members present and voting. Provisions amended this way include:
• Fundamental Rights.
• Directive Principles of State Policy.
• All other provisions not covered by the other categories.

By Special Majority of Parliament and Consent of States:

• Provisions related to the federal structure require a special majority in Parliament and the consent of half of the state legislatures by a simple majority. These provisions include:
• Election of the President and its manner.
• Extent of the executive power of the Union and the states.
• Supreme Court and high courts.
• Distribution of legislative powers between the Union and the states.
• Goods and Services Tax Council.
• Any of the lists in the Seventh Schedule.
• Representation of states in Parliament.
• Power of Parliament to amend the Constitution and its procedure (Article 368 itself).

Reference: Indian Polity by M Laxmikanth

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