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