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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