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Types of Amendments in Indian Constitution

In this study, it shows different keywords are "simple majority of the parliament" and also the "special majority of the parliament" and the “special majority of parliament and states" related to the amendment of the constitution.

The amendments in the Indian constitution starts when a bill is commenced in any of the houses of the parliament. The bill should be passed in every house and every member in the house and their majority should be two-thirds and not decrease the number of members who are voting. The amendment or the bill does not require any president’s permission. The bill has received an asset. The bill forms an act of constitutional amendment. The two methods of modifying the constitution are the” Formal and Informal methods”.

In the formal method, the words of the law remain the same but in the informal method, the words of the law change.

A simple majority of parliament  

A simple majority of the parliament signifies that a higher than “50%” of the total members in a family should be present in the voting of a house. Simple majority can also be known as a working or functional majority as half of the members of the family are present in the voting. This majority is a very common majority used by every member of every house when the law cannot specify the type of majority which is needed then this simple majority is required for passing the emotions or the bills.  Ordinary bills that are not recommended by the prime minister just need a simple majority to get passed for example:

If there is a total strength of “545″ in Lok sabha and assume that “45” were the number of absentees and “100” have not voted so it means that only “400” were voting and present. So the simple majority needed is “201”.

There are some instances where the simple majority is required they are:

  • Passing the ordinary or money bills
  • Passing the confidence and non-confidence motion
  • Declaring financial emergency
  • Declaring rule of a president or the state emergency
  • Electing deputy speaker and speaker from the Lok sabha
  • The bill of constitutional amendment act of “Article 368” needs to be ratified from the states which require only a simple majority in the state legislatures.

Special majority of the Parliament 

Different types of majorities other than the effective, simple and absolute majority are called a special majority. There are four types of special majority with different types of clauses are:

  • “Article 249” is a special majority 
  • “Article 368” is a special majority
  • “Article 368” is a special majority plus “50 %” of the ratification of the state of a simple majority
  • “Article 61” is a special majority 

“Article 249” of special majority 

“Article 249” of the special majority has a majority that ⅔rd of the total house members should be present and give voting for example: In 245  members of Lok sabha voting and present were only 150, then according to “Article 248” the special majority will be 101. The resolution of Rajya sabha empowering the parliament for making laws in the state is valid only for up to one year but the number of times can be extended.

“Article 368” of special majority

As per the “Article 368” of the special majority, a ⅔rd of the members of the family should be present and give vote and more than “50 %” of total strength in the house will support them this is a type of majority used in the most of the bills of Amendment constitution to pass this bill in the Rajya sabha.

“Article 368” plus the ratification of the state

It is a special majority when a bill of constitutional amendment tries changing the federal structure. “Article 368” of special majority plus the ratification of the state requires that 2/3rd of the members of the family should be voting and will be supported by a higher of 50% of the legislatures of the state in a simple majority.

“Article 61” of the special majority 

“Article 61” of special majority requires 2/3rd members of the whole strength of a house should be present. “Article 61” of special majority is 364 in Lok Sabha and 164 in Rajya sabha.

Special majority of parliament and state consent 

The special majorities are the majority that is not absolute and simple they are divided into four categories “Article 249”, “Article 368”, “Article 368 plus the 50% of the agreement of the state of a simple majority, “Article 61” and “Article 249” of the special majority all types are the law according to the Rajya sabha’s resolution in the list of the states. The directive principles of the policy of the state are in part-4 of the constitution.

CONCLUSION

The article is focused on the amendments of the Indian constitution, the simple and the special majorities of the parliament and is divided into different articles “Article 249, Article 368, Article 368 plus 50% agreement of the state”. The amendments of the Indian constitution also suggest a complete blend of all the provisions and its articles making it the state’s apex law. It is the framework of the constitution fundamental for institutions, legal and political nations. The amendments can remove and add agreements of the government. 

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What are the different types of amendments?

Ans. Amendment of parliament by a simple majority  ...Read full

Which amendment decreased the age of voting?

Ans. Constitutions sixty-first amendment in 1989 decreased the age of voting.

Which amendment is known as the Indian mini-constitution?

Ans. The 42nd amendment also known as the Act of the constitution 1976 is known as the Indian mini-constitution....Read full

When was the Indian constitution's first amendment?

Ans. The first amendment was in the year 1950

How many times has the constitution of India been amended?

Ans. The constitution of India was amended 105 times