Amendment of the Constitution Presented by Sandesh Sanke
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What is amendment and amendment bill? Amendment To address changing needs of the society, every Constitution requires modifications. These are called amendment to the Constitution. men Tropstamnd Constitution i alled amendment bill.
Article 368(Part20) It states that Parliament has the powers to amend Constitution. This article includes procedure and types of Amending Constitution. the basic structure of Constitution However the Parliament cannot amend provisions that are related to
Procedure for Amending Constitution The amendment bill can be introduced in either house of Parliament. The bill can be introduced either by a minister or by a member. It should be passed in both Parliamentary houses separately. In case of amendment bill there is no provision for joint session of two houses of Parliament. When this bill goes to the President he must have to give assent to bill President has no option of returning bill or withholding it.
Ways of Amending Constitution 1. Simple Majority 2. Special Majority 3. Special Majority and consent of states
Amendment by Simple Majority . An amendment bill passed by slight more than 50% members of both houses of Parliament. Example If there are 480 members and amendment bill passed by 241 or slight more members. Changing name of states, abolition or creation of legislative councils in states.
Amendment by Special Majority . An amendment bill passed by 2/3 majority of both houses of Parliament. Example - Suppose there are 480 members in the house and amendment bill is passed by 2/3 majority means 320 members. Fundamental Rights,Directive Principles of State Policy,etc are amended by Special Majority.
Amendment by Special Majority and consent of states . An amendment bill passed by 2/3 majority of both houses and consent of half of the states. Useful in amending provisions such as election of the President and distribution of powers among the Union and states.
Criticism on the Amendment Procedure. . The power to initiate an amendment lies only with Parliament. So, state legislatures cannot initiate proposal for amending Constitution. There is no provision for holding a joint session of session of both houses if there is any deadlock. There is no provision for special body for amending Constitution. . The Constitution does not provide any time frame within which the state legislature should ratify or reject an amendment submitted to them.
UPSC aspirant,silver medalist in International Maths Olympiad, voracious reader, interested in polity