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Amendment Powers: Definitions​ and Procedures (for UPSC CSE/IAS exam)
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In this lesson one will comprehend some interesting facts about amendment powers. Educator briefs how Indian constitution is described as rigid as well as flexible. Procedures on how the bills can be amended are detailed and one can also comprehend on why the ratification from states is required to amend the bills in certain scenarios. All the other vital amendment powers are also ​discussed ​with clear illustrations.

Bhavin Sangoi
BA Political Science and Psychology, Mumbai University. Teaching Polity, Economics and international relations for 7 years.

U
Unacademy user
In the lecture at 3.15, I have said that President can send any other Bill including Money Bill for reconsideration. It is slip of tongue. I wanted to say Financial Bill instead of Money Bill. Money Bill can't be sent for reconsideration. Apologies for the mistake.
Princy Gupta
3 years ago
Thank you sir for the correction..
Sir I just want confirmation from you regarding the concepts that - an Ordinary Bill can be introduced without the prior recommendation of President and he can even send it for reconsideration; in case of Constitution Amendment Bill, no prior recommendation for introduction as well as he can't send it for reconsideration; and in case of Money Bill, prior recommendation is required but he can send back for reconsideration but he can't reject. Please clarify and confirm sir...
Bhavin Sangoi
3 years ago
Yes, in general ordinary Bills doesn't require President’s recommendation, however certain Bills like when Parliament wants to create new states or want to merge existing states, requires recommendation of President, even though that Bill too is an ordinary Bill. In Constitutional amendment Bill No prior recommendation is required and President doesn't have power of sending it for reconsideration. In case of Money Bill, I have made a mistake. By slip of tongue I said Money Bill can be sent for reconsideration, which is wrong. Actually I wanted to say Financial Bill instead of Money Bill can be sent for reconsideration. When I heard my lecture, after its publication, I realized my mistake and I have clarified in the first comment written below. Money Bill can't be sent for reconsideration or rejected.
Bhavin Sangoi
3 years ago
Finance Bill can be sent for reconsideration or it can also be rejected if the Bill is passed by both the Houses without prior recommendation of President.
Sir thank you so much for this prompt reply. My doubts are clarified.
So sir could it be said that we are following 'due process of law' instead of 'procedure established by law' after Keshvanand Bharti case (1973) in relation to 'Basic Structure of the Constitution'? Sir, please give some instances where 'Due process of Law' are being followed.. Thanx
Bhavin Sangoi
3 years ago
Yes to some extent we started following due process of law after Golaknath case and Keshvananda Bharati case. However since this happened because of innovative interpretation of Constitution by court and not by written provision of Constitution, there are still many laws in India which clearly violate due process of law, like section 377 of IPC. In US due process of law is followed.
Vijay Singh
3 years ago
Thanx sir for info.............
Sir, This seems absurd that Article 13 which was created for the preservation of the very fabric of Democracy is defeated by its own definition. Can't it be inferred that the makers of the Constitution meant by LAW the word AMENDMENT also? Even if, it could have been amended by- including the word amendment. The whole procedure of amendment seems to be a LAW or the enactment of a new LAW!
Sir if a statement appears in Prelims that, there is no provision in the consititution which is not amendable. So is it true?
you cannot amend the basic structure of the constitution. So your answer will be 'false'
  1. Course: Gain an understanding of Parliamentary Processes and Instruments Lesson Amendment Powers Presented by Bhavin Sangoi


  2. About me . B.A in Political Science & Psychology . Appeared in UPSC CSE Mains Teaching Indian Polity, International Relations, economics & mental Ability since 5 years Experience of teaching for various competitive exams such as NTSE, CET & UPSC . Follow me on: https://Unacademy.in/user/Bhavin Sangoi


  3. Key points . Any part of the Constitution can be amended by following the procedure mentioned in Article 368 . Amendment can be in the form of addition, variation or repeal of any provision


  4. Procedure A Bill passed by both the Houses of Parliament, by a majority of total membership of the House, and by a majority of at least two - thirds of the members present and voting and assented by the President President can't send this Bill for reconsideration


  5. Ratification by States If the Bill seeks to change any of the following provisions of the Constitution, the amendment should be ratified at least one half states by passing a resolution, before sending it to the President . Article 54, 55 Election of President 73 Executive power of the Union . 162 Executive power of the State . 241 High Courts for Union territories * 162Executive power of the State


  6. Continued Chapter IV of Part V The Union Judiciary Chapter I of Part XI Legislative Relation:s The representation of States in Parliament . Chapter IV of Part V - The Union Judiciary . Chapter V of Part VI The High Courts in the States . Any of 'List' in the Seventh schedule The provisions of article 368 itself