Amendment of the constitution of India

January 30, 2022
like any other written constitution ,the constitution of India also provide for its amendment .according to condition and needs. Article 368 in part xx of the constitution deals with the powers of parliament to amend the constitution and its procedure.

Note- parliament cannot amend those provision which from the basic structure of the constitution. this was ruled by the supreme court in case of Kesavananda Bharti Case (1973).

Procedure for the amendment

The procedure for the amendment of the constitution as laid down in article 368 ia as follows:

1. The amendment of the constitution can be initiated only by the introduction of a bill for the purpose in either house of parliament and not in state legislature.
2. The bill can be introduced either by a minister or by a private member and does not require prior permission of the president.
3. The bill must be passed in each house by a special majority, that is majority of the total members of the house and a majority of two-third of the members of the house present and voting.
4. Each house must pass the bill separately. In case of disagreement between two house ,there is no provision for holding a joint sitting of the house. For the purpose of deliberation and passage of the bill.
5. If the bill seeks to amend the federal provision of the constitution , it must also ratified by the legislatures of the half of a states . By a simple majority ,that is a majority of the members of the house present and voting.
6. After passed by the both houses of parliament and ratified by the state legislatures, the bill is presented to the president for assent.
7. After the president assent ,the bill becomes an act (constitutional amendment act).

Types of amendment:
Article 368 provides two types of amendment ,that is a special majority of parliament and also through the ratification of half of the states by a simple majority. But, some other articles provide for the amendment of certain provision of the constitution.

The constitution can be amended in three ways:

1. Amendment by simple majority of the parliament
2. Amendment by special majority of parliament
3. Amendment by special majority of the parliament and the ratification of the half of the state legislatures.

Amendment by simple majority of Parliament

A number of provision in the constitution can be amended by a simple majority . These provision can be amended by simple majority.

1. admission or establishment of new states.
2. abolition or creation of legislative council in state.
3. quorum in parliament
4. salaries and allowances of the members of parliament
5. privileges of the parliament
6. use of official language
7. election of parliament and state legislatures

By special majority

The provisions which can be amendment by this way include:

1. Fundamental rights
2. Directive principles of state policy
3. And all other provision which are not covered by the first and third category

Amendment by special majority of parliament and consent of states:

Those provision of the constitution which are related to the federal structure .can be amendment by a special majority of the parliament and also with the consent of half of the state legislatures.

The provision which can be amendment by this way:

1. election of the president and its manner.
2. extent of the executive power of the union and states.
3. distribution of legislative powers between state and union.
4. power of parliament to amend the constitution and its procedure.

Note:
The 24th constitutional amendment act 1971 . Made it obligatory for the president to give his assent to constitutional amendment bill.