18-12-2017, 04:36 PM
AMENDMENT OF THE CONSTITUTION
*The procedure laid down for the amendment of the constitution of India is neither as easy as in Britain nor as difficult as in USA.
*Indian Constitution is neither rigid nor flexible but a synthesis of both.
*Article 368 in part XX of the constitution deals with the powers of Parliament to amend the constitution.
*A constitutional Amendment bill can be initiated in either House of Parliament only and not in the state legislatures.
*Prior permission of the President is not required to introduce a constitutional Amendment Bill.
*The Bill must be passed in each House by a special majority, that is a majority of the total membership of the House and a majority of two - thirds of the members of the House present and voting.
*Each house must pass the bill separately.
*There is no provision for a joint sitting of both the Houses of Parliament to pass a constitutional Amendment Bill.
*The President must give his assent to a constitutional Amendment Bill. He can neither withhold the bill nor return the bill for reconsideration of the Parliament.
*Formation of new states and alteration of areas, boundaries or names of existing states, Abolition or creation of legislative councils in states etc can be amended by simple majority of Parliament.
*The majority of the provisions in the constitution need to be amended by a special majority of the Parliament that is a majority of the total membership of each House and a majority of two-thirds of the members of each House present and voting
*Fundamental Rights, Directive principles of state policy etc. can be amended by special
majority of Parliament.
*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
The following provisions can be amended in this way:
1)Election of the President.
2)Extent of the executive power of the Union and states
3)Supreme court and High courts
4)Distribution of legislative powers between the Union and the states
5)Any of the lists in the seventh schedule
6)Representation of states in Parliament.
7)Power of Parliament to amend the constitution and its procedure.
The constitution can 6e in three ways:
1)Amendment by simple majority of Parliament.
2)Amendment by special majority of Parliament.
3)Amendment by special majority of Parliament and the ratification of half of 'the state legislatures.
