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You are here: Home / Polity / Amendment of the constitution

Amendment of the constitution

April 7, 2020 by BureaucratONE Leave a Comment Last Updated April 7, 2020

Table of Contents hide
1 Amendments of the Constitution
2 Procedure for amendment
3 Types
3.1 Simple majority of parliament
3.2 Spl majority of parliament
3.3 Spl majority + 50% state ratification
4 Criticism
5 Analysis

Amendments of the Constitution

  • Neither flexible nor rigid
  • A368 Part XX
  • Subject to basic structure Kb case 1973

Procedure for amendment

  • Bill by either house
  • Either by min or pvt member
  • Prez prior permission not required
  • Spl majority - 50% total membership + 2/3 rd P&V
  • No joint sitting
  • Each house pass separately
  • Federal provisions ratified by half of the states by a simple majority
  • Prez must give assent

Types

  • A368 Two types
    • Spl majority + 1/2 states ratification
    • Spl majority
  • 3 ways
    • Simple majority - not u/A368
    • Spl majority
    • Spl majority + 1/2 ratification

Simple majority of parliament

  • Outside scope of A368
    • New state
    • Leg council
    • 2nd schedule - salaries
    • Quorum
    • Rules of procedure
    • Privileges of members
    • Use of english in parliament
    • No of SC judges
    • More jurisdiction to SC
    • Use of official language
    • Citizenship
    • Elections
    • Delimitation
    • UT
    • 5th schedule
    • 6th schedule

Spl majority of parliament

  • strictly only in 3rd stage reading, spl majority needed but used in all stages bcos "rules of house"
  • 50% total membership +2/3rd P&V
    • FRs
    • DPSP
    • All other which are not covered in other 2

Spl majority + 50% state ratification

  • Fed structure
  • 50% state simple majority
    • Prez election
    • Exe power of union and states
    • SC and HC
    • Distribution of leg powers between the union and state
    • 7th schedule
    • Representation of states in parliament
    • Power of parliament to amend constitution A368

Criticism

  • No provision of constitutional convention(like in USA) or constitutional assembly
  • Role of state leg is limited
    • Power to initiate is with only parliament not state leg except Leg Council
    • Major part can be amended by spl or simple majority
    • Time frame for 50% state to ratify is not mentioned
    • No joint sitting
    • Amendment process similar to leg process

Analysis

  • simple & easy
  • Neither flexible nor rigid
    • K C Wheare - 'strikes a good balance between flexibility and rigidity'
  • Others
    • JLN - If made rigid and permanent, you stop the nation's growth
    • BRA - no seal of finality and infallibility like Canada denying right to amend
    • K C Wheare - variety in amending process rarely found
    • Granville Austin - amending process is ably conceived aspect....although complicated, it is merely diverse

Filed Under: Polity

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