Amendment of the Constitution [Polity for UPSC]
INTRO
-> Amendment means modification
> Addition
> Deletion
> Modification
-> Part XX, Article 368
-> Parliament has the sole authority to amend the constitution
-> Concept taken from South Africa
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METHODS OF AMEND THE CONSTITUTION
-> Article 368 provides for 2 types of amendments
> By special majority
> By special majority + consent of atleast half the state by simple majority
-> Amendment with simple majority is mentioned outside the purview of Article 368
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MEANING OF MAJORITY
-> Simple majority - 50% of the members present and voting
-> Special majority - Majority of 2/3rd members present & voting + more than 50% of the total strength
-> Parliament + State - special majority of the Parliament + Ratification by at least half the states legislatures
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PROCEDURE FOR AMENDMENT
1. Introduction of the Bill – Bill for amendment can be introduced- in either house (Lok Sabha orRajya Sabha)
2. Who can introduce it? - minister or private member
3. Prior permission of the President is not needed
4. The bill must be passed by a special majority
5. Each house must pass the bill separately. No provision exists for Joint sitting in case of disagreement between the 2 houses.
6. For amending the federal provisions the bill also needs "half" of the states with legislative assemblies to ratify with ‘simple majority’.
7. President must give his assent to the bill
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SUBJECTS OF AMENDMENT
(a) Simple Majority
-> Admission of new states – Article 2
-> Creation of new states – Article 3
-> Creation or abolition of state legislative council Article 169
-> Quorum in the Parliament – Article 100
-> Rules of procedures of Parliament
-> Salaries and allowances of the members of the Parliament
-> Use of English language in the Parliament
-> Use of official language
-> Citizenship
-> 5th Schedule and 6th Schedule
(b) Special Majority
-> Fundamental Rights
-> DPSP
-> All provisions not covered by:
> simple majority and
> special majority of Parliament + states
(c) Special Majority & consent of States
-> Election of the President and its manner
-> Extent of the executive powers of the union and the states
-> Supreme and high courts
-> Distribution of legislative powers between the union and the states
-> Extension of reservation for SC, ST and Anglo-Indians in the Parliament and the state legislatures
-> Representation of states in the Parliament
-> Power of the Parliament to amend the Constitution and its procedure (Art. 368 itself)
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