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