Constitutional amendment procedure
- 1. WELCOME
- 3. Amendment of the constitution -means? Why amendments? Classification of constitution on the basis of procedure of amendment-RIGID and FLEXIBLE CONSTITUTIONS (features, merits, demerits, examples) INDIAN CONSTITUTION-the procedure laid down for its amendment is neither as easy as in Britain nor as difficult as in USA-THE INDIAN CONSTITUTION IS NEITHER FLEXIBLE NOR RIGID BUT A SYNTHESIS OF BOTH.
- 4. Article 368 in Part XX - deals with the power of Parliament to amend the Constitution and its procedure. ‘The Parliament may, in exercise of its constituent power, amend by way of addition, variation or repeal any provision of the Constitution in accordance with the procedure laid down for the purpose’.
- 5. Article 368 provides for two types of amendments. But, some other articles provide for the amendment of certain provisions of the Constitution by a simple majority of Parliament, similar to the ordinary legislative process. Therefore, the Constitution can be amended in three ways: (a) Amendment by simple majority of the Parliament, (b) Amendment by special majority of the Parliament (c) Amendment by special majority of the Parliament and the ratification of half of the state legislatures.
- 6. By Simple Majority of Parliament A number of provisions in the Constitution can be amended by a simple majority of the two Houses of Parliament. These provisions include: 1. Admission or establishment of new states. 2. Formation of new states and alteration of areas, boundaries or names of existing states. 3. Abolition or creation of legislative councils in states. 4. Second Schedule–emoluments, allowances, privileges and so on of the president, the governors, the Speakers, judges, etc. 5. Quorum in Parliament. 6. Salaries and allowances of the members of Parliament. 7. Rules of procedure in Parliament. 8. Privileges of the Parliament, its members and its committees. 9. Use of English language in Parliament. 10. Number of puisne judges in the Supreme Court. 11. Conferment of more jurisdiction on the Supreme Court. 12. Use of official language. 13. Citizenship–acquisition and termination. 14. Elections to Parliament and state legislatures. 15. Delimitation of constituencies. 16. Union territories. 17. Fifth Schedule–administration of scheduled areas and scheduled tribes. 18. Sixth Schedule–administration of tribal areas.
- 7. By Special Majority of Parliament The majority of the provisions in the Constitution need to be amended by a special majority of the Parliament. Special Majority means a majority of the total membership of each House and a majority of two-thirds of the members of each House present and voting. The provisions which can be amended by this way includes: (i) Fundamental Rights; (ii) Directive Principles of State Policy; and (iii) All other provisions which are not covered by the first and third categories.
- 8. By Special Majority of Parliament and Consent of States Those provisions of the Constitution which are related to the federal structure of the polity can be amended by a special majority of the Parliament and also with the consent of half of the state legislatures by a simple majority. If one or some or all the remaining states take no action on the bill, it does not matter; the moment half of the states give their consent, the formality is completed. There is no time limit within which the states should give their consent to the bill. The following provisions can be amended in this way: 1. Election of the President and its manner. 2. Extent of the executive power of the Union and the states. 3. Supreme Court and high courts. 4. Distribution of legislative powers between the Union and the states. 5. Goods and Services Tax Council. 6. Any of the lists in the Seventh Schedule. 7. Representation of states in Parliament. 8. Power of Parliament to amend the Constitution and its procedure (Article 368 itself).
- 9. Constitutional Amendment Bill can be introduced either in LS/RS(not in the state legislatures). The bill can be introduced either by a minister or by a private member and does not require prior permission of the President. Each House must pass the bill separately. In case of a disagreement between the two Houses, there is no provision for holding a joint sitting of the two Houses. President cannot reject a Constitutional Amendment Bill passed by both Houses of the Parliament. An ordinance cannot be issued for bringing about a constitutional amendment. However, the Parliament cannot amend those provisions which form the ‘basic structure’ of the Constitution. This was ruled by the Supreme Court in the Kesavananda Bharati case (1973).
- 10. So far 104 amendments K.C. Wheare, ‘strikes a good balance between flexibility and rigidity’.
- 11. THANK YOU
Editor's Notes
- #4: To add on or insert, to delete or repeal/////GRANDPARENTS rule book for ur family-will u follow? completely throw away that book--- SHUD CHANGE ACCORDING TO THE CHANGING SOCIO-ECO-POL ENVIRONMENTAL NEEDS/// when world is changing(IN A PERIOD OF TRANSITION), what we do today changes tomorrow.. Only change is permanent.. India shud also move forward, ACCOMODATING THE REQUIRED CHANGES change accordingly/// France, Russia constitutions, Indian constitution enacted on 26th Nov 1949 could successfully continue, has incorporated suitable changes, amendments has brought in but the core sanctity of the constitution has been kept intact/// important provisions are difficult to amend whereas normal ones can be easily amended
- #5: Both Power and Procedure/// It states that/// art 368 deals with Constituent Power(constitution amendment power)-Law making power is called Legislative Power-different process)(power to enact ordinary laws is legislative power- power to enact constitutional amendment laws is constituent power)
- #7: outside the scope of Article 368/// leaves it to the parliament to decide – for ex: the number of judges in sc, quorum(art 100) shall be 1/10th of the total membership unless the Parliament by law stipulates, Parliament by law may admit, increase or decrease the area of any state(art 2,3,4), creation or abolition of legislative council (art 169)---- in the members present and voting, if majority of them is favourable, then the amendment can be carried forward(on a particular day, if majority favours)(545-500 present, 251)
- #8: Majority of the total strength of the House(545-majority must be there+ 2/3rd of the members present and voting shud vote favorably)(majority present means, above 251 to be present-if 250 is only present it does not satisfy the first condition) and if the no is 251 present, among them 167 and above must favour it)
- #10: A Bill for the purpose may be initiated in either of LS or RS//// IT SHALL BE PRESENTED TO THE PRESIDENT WHO SHALL GIVE HIS ASSENT TO THE BILL Ordinance making power is thru legislative power, while CA is thru constituent power