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ü Amendment
is nothing but modification of the Constitution.
ü Amendment
means
ü Addition
ü Deletion
ü Modification
of that already existing in the Constitution.
ü The
amendment of the Indian constitution is mentioned in PART XX of the
constitution.
ü The
procedure is mentioned under article 368 of the Indian Constitution.
ü The
parliament is empowered to amend the constitution.
ü Indian
Constitution is both rigid and flexible.
ü The
constitution is rigid
means it is amended with a special majority.
ü The
Constitution is flexible
means it is amended with a simple majority.
NOTE: The Parliament cannot amend the
basic features of the Constitution.
ü This
was ruled by the Supreme Court in the keshavananda Bharati case of 1973.
ü Various
judgments of the Supreme Court have given many points that constitute the
basic structure of the Constitution.
ü From
various judgments of the Supreme Court the basic structure of the Constitution can
be
ü The
supremacy of the Constitution.
ü Sovereign,
Democratic and Republic nature of the Indian Polity
ü Secularism
ü Separation
of powers between legislature, executive and Judiciary
ü Federal
character
ü Judicial
review
ü Freedom
and dignity of the individual
ü Rule
of law
ü Unity
and Integrity of the nation
ü Balance
between Fundamental Rights and Directive Principles of State Policy
ü The
Principle of equality
ü Free
and fair elections
ü Independence
of Judiciary
ü Limited
powers of the Parliament to amend the Constitution
Please Note: All the above case laws I discuss in a separate chapter.
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HOW MANY METHODS ARE MENTIONED TO AMEND THE CONSTITUTION?
ü The
article 368 provides for two types of amendments.
·
By a Special majority of the Parliament.
·
By a special majority of the Parliament
and consent by at least half the states by simple majority.
NOTE:
Some other articles in the
Constitution also provides for the amendment of the Constitution.
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ü Hence,
the Constitution of India can be amended in three ways.
ü Note:
Please remember Article 368 provided 2 methods only. Amendment with simple
majority is mentioned outside the purview Article 368 where ever it is required.
§ Amendment
by simple majority of the Parliament.
§ Amendment
by a special majority of the Parliament.
§ Amendment
by a special majority of the Parliament and ratification (consent) by at least
half the states legislatures.
WHAT IS THE
PROCEDURE FOR AMENDMENT OF THE CONSTITUTION?
ü The
procedure for the amendment is initiated in the Parliament (Lok Sabha or Rajya
Sabha) only.
ü The
amendment is initiated only by introducing a bill in the Parliament.
ü The
procedure cannot
be initiated in the state legislatures.
ü The
bill can be introduced either by a public member (Minister) or by a Private
member (who is not a Minister, but a member of the house).
ü The
amendment bill does not require the prior permission of
the President.
ü The
amendment bill must be passed in each house by a special majority.
ü Special
majority: A majority of more than 50 percent of
the total membership of the house and a majority of 2/3rd of members
of the house present and voting.
ü The
bill must be passed in each house separately.
ü If
there is a disagreement between the Lok sabha and Rajya Sabha the bill is
considered to be rejected.
ü There
is no
provision of the Joint Session in the Constitution for the
purpose of passing a constitution amendment bill.
ü Note:
Joint session is summoned by the President only when there is a disagreement
between two houses of the parliament with reference to ordinary bills only.
ü If
the amendment bill seeks to amend the federal provisions of the constitution,
the bill must be ratified by the legislatures of half of the states by a simple
majority.
ü The
bill is presented to the President after it is passed by the Parliament and the
state legislatures (in case of federal provisions).
ü The
President must give assent to the constitution amendment bill.
ü The
President cannot
withhold the assent to the bill.
ü The
President cannot
return the bill for the reconsideration of the Parliament.
ü Note:
The 24th constitutional amendment of 1971 made obligatory on the
part of the President to give the assent for the constitutional amendment bill.
ü After
the assent of the President the amendment bill becomes an act.
AMENDMENT BY
SIMPLE MAJORITY OF PARLIAMENT:
ü NOTE:
Amendment of the Constitution with a simple majority is outside the scope of
Article 368.
ü There
are many provisions in the Constitution that can be amended by a simple
majority of the Parliament.
·
Admission of new states – Article 2
·
Creation of new states – Article 3
·
Creation or abolition of state legislative
council – Article 169
·
Quorum in the Parliament – Article 100
·
Rules of procedures of Parliament
·
Salaries and allowances of the members
of the Parliament
·
Use of English language in the Parliament
·
Use of official language
·
Citizenship
AMENDMENT BY SPECIAL MAJORITY OF PARLIAMENT:
ü The
majority of the provisions in the constitution need to be amended by special
majority.
ü What is
special majority?
ü This
is the majority of the total membership of each house
And
ü a
majority of 2/3rd of the members of each house present and voting.
ü The
important provision that can be amended through special majority are
·
Fundamental Rights
·
Fundamental Duties
·
Directive Principles of State Policy
AMENDMENT BY SPECIAL MAJORITY OF PARLIAMENT AND CONSENT BY ATLEAST
HALF THE STATES:
ü The
provisions that are related to the federal structure can be amended through
this procedure.
ü After
the bill is passed in the Parliament with the special majority then the bill is
forwarded to the state legislatures.
ü If
the bill is passed by a at least half the states with a simple majority then
the bill is forwarded to the President.
FEDERAL PROVISIONS:
ü Election
of the President and its manner
ü Extent
of the executive powers of the union and the states
ü Distribution
of legislative powers between the union and the states
ü Extension
of reservation for Scheduled caste, Scheduled Tribes and Anglo-Indians in the
Parliament and the state legislatures.
ü Representation
of states in the Parliament.
ü Power
of the Parliament to amend the Constitution and its procedure.
MISCELLANEOUS:
ü December
20, 2012: The Constitution amendment bill to include a new article 371 (J) in
the Indian Constitution to provide a special status to the backward Hyderabad –
Karnataka regions got its nod for the 2nd time in the LS with
members unanimously approving it after a division of votes as a small
correction had to be made. The Bill Constitution (Ninety Ninth Amendment) Act
2012 was brought in again with the new numbering The Constitution (Ninety
Eighth Amendment) Act 2012. The new numbering had to be made as the bill
providing quota for SC /ST in government jobs which was earlier numbered 98
could not sail through in the LS. The region that gets the special status
includes Gulbarga, Yadgir, Raichur, Bidar, Koppal and Bellary will get special
grants from central and state governments. There would be a reservation for the
people of the area in the government jobs and education.