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Amendment Procedure of Indian Constitution

Amendment Procedure of Indian Constitution

Amendments of Constitution of India 

Amendment Procedure of Indian Constitution

Indian Constitution: PART 20th of Article 368 deals with procedure of amendment. This was borrowed South Africa(procedure of amending Constitution)

Article 368 of Indian Constitution: Power of Parliament to amend the constitution and procedure therefore

Amendment includes

a) Adding an article

b) Repealing an Article

c) Alteration of article

Note:  Amendment means modification not changing

All the 395 articles in Indian Constitution are grouped into 3 categories and amended accordingly. There are 3 methods of amendment of Constitution

a) Simple majority

b) Special majority

c) Special majority + Ratification 

Amendment of Indian Constitution by Simple majority 

Simple majority which means Parliament of India can amends certain articles like a ordinary law amendment

Simple majority means more than half of the members present and voting i e., amendment made to the constitution by simple majority is not deemed to be constitutional amendment because simple majority is not mentioned in Article 368

The Articles or subjects matters which can be amend by Simple majority are given as 

a) Part I – Article 1 to 4

b) Part II – Citizenship – Article 5 to Article 11

c) Contains of Schedules 1, 2, 3, 4, 5 and 6th

d) Quorum in Parliament Article 100 and Article 189 in State

e) Parliament privileges:  Article 105, 194

f) Article 169: deals creation/abortion of upper house

Amendment of Indian Constitution by Special majority 

Special majority which mean 2/3rd members present and voting. However they should not be less than half the total strength of house

The Articles or subjects matters which can be amend by Special majority are given as 

a) PART III – Fundamental Rights:  Article 12 to Article 35

b) Part IV- DPSP: Article 36 to Article 51

c) All other parts of Constitution which are not mentioned in 1st and 3rd procedure(simple majority and Special majority + Ratification).

Note: Majority articles in Indian Constitution are amended by special majority

Amendment of Indian Constitution by Special majority and Ratification 

In this procedure, amending of Indian Constitution is same as Special majority,  which mean 2/3rd members present and voting and should not be less than half the total strength of house. In addition to above procedure, ratification is included. Ratification required not less than half of the State legislatures

The Articles or subjects matters which can be amend by Special majority + Ratification are given as 

a) Centre State relations

b) 7th schedule: Division of power

c) Procedure of election of President

d) Universal adult franchise

e) Extending the jurisdiction of Center government and State government

f) Amending Article 368  

Note: Article 368 was amended twice

a) In 1971 by 24th Amendment included item/words are “power” and “procedure of amendment”

24th Amendment of Indian Constitution:
1)  affirmed the power of Parliament to amend any part of the constitution including the fundamental rights
2) Made it compulsory for the president to give his assent to constitutional amendment bill

b) In 1976 by 42nd Amendment made constitutional amendments beyond judicial scrutiny which means it is not deemed to be law and it cannot be questioned under supreme court

Rules and Regulation in Amending Indian Constitution 

a) Constitution amending bill can be introduced in either of houses(Lok Sabha or Rajya Sabha), It can be private members bill or government bill.
Note: Only money bill is the Government Bill

b) In introducing a constitution amendment bill, prior permission of President is not required

c) Bill must be approved by the both the houses separately, in case of dead lock between two houses the bill will get defeated. No Joint session

d) Bill must be approved by the houses with required majority(2/3rd majority) 

e) President of India must/bind to give his assent, which was made after 42nd amendment, 1976

f) State government can express their opinion within the time stipulated by the President

Doctrine of Basic structure of Indian Constitution 

Doctrine of Basic structure was first time invented/mentioned by supreme court in 1973 in Kesavananda Bharati case, which is judicial limitation on the amendment power of the Parliament

In 1967, In Golaknath case, Supreme court held that parliament can’t amend Fundamental right. But in 1973 in Kesavananda Bharati case, it was reverted and held that parliament can amend any part but not basic structure of Indian Constitution

Following items which comes under basic structure of Indian Constitution are 

a) Parliamentary system

b) Federal system

c) Republic

d) Socialist features

e) Secular

f) Judicial review

g) Rule law

h) Independent Election

i) Balance between Fundamental right and DPSP

j) Preamble of constitution and etc

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