8/13/2014

KALYAN SIR: AMENDMENT OF THE INDIAN CONSTITUTION

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AMENDMENT OF THE INDIAN CONSTITUTION

KALYANSIR.COM
Amendment

is nothing but modification of the Constitution.

Amendment means
Addition
Deletion
Modification of that already existing in the Constitution.

The amendment of the Indian constitution is mentioned in PART XX of the constitution.

The procedure is mentioned under article 368 of the Indian Constitution.
The parliament is empowered to amend the constitution.
Indian Constitution is both rigid and flexible.
The constitution is rigid means it is amended with a special majority.
The Constitution is flexible means it is amended with a simple majority.

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NOTE: The Parliament cannot amend the basic features of

the Constitution.

This was ruled by the Supreme Court in the keshavananda

Bharati case of 1973.
Various judgments of the Supreme Court have given many
points that constitute the basic structure of the Constitution.
From various judgments of the Supreme Court the basic
structure of the Constitution can be
The supremacy of the Constitution.
Sovereign, Democratic and Republic nature of the
Indian Polity
Secularism
Separation of powers between legislature, executive
and Judiciary
Federal character
Judicial review
Freedom and dignity of the individual
Rule of law
Unity and Integrity of the nation
Balance between Fundamental Rights and Directive
Principles of State Policy
The Principle of equality
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Free and fair elections

Independence of Judiciary

Limited powers of the Parliament to amend the

Constitution

Please Note: All the above case laws I discuss in a

separate chapter.

HOW MANY METHODS

CONSTITUTION?

ARE

MENTIONED

TO

AMEND

THE

The article 368 provides for two types of amendments.

By a Special majority of the Parliament.

By a special majority of the Parliament and consent by at least half the states
by simple majority.

NOTE: Some other articles in the Constitution also provides for the
amendment of the Constitution.

Hence, the Constitution of India can be amended in three ways.

Note: Please remember Article 368 provided 2 methods only. Amendment with simple
majority is mentioned outside the purview Article 368 where ever it is required.
Amendment by simple majority of the Parliament.
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Amendment by a special majority of the Parliament.

Amendment by a special majority of the Parliament and ratification (consent) by at least
half the states legislatures.

WHAT IS THE PROCEDURE FOR AMENDMENT OF THE CONSTITUTION?

The procedure for the amendment is initiated in the Parliament (Lok Sabha or Rajya
Sabha) only.
The amendment is initiated only by introducing a bill in the Parliament.
The procedure cannot be initiated in the state legislatures.
The bill can be introduced either by a public member (Minister) or by a Private member
(who is not a Minister, but a member of the house).
The amendment bill does not require the prior permission of the President.
The amendment bill must be passed in each house by a special majority.
Special majority: A majority of more than 50 percent of the total membership of the
house and a majority of 2/3rd of members of the house present and voting.
The bill must be passed in each house separately.
If there is a disagreement between the Lok sabha and Rajya Sabha the bill is considered
to be rejected.
There is no provision of the Joint Session in the Constitution for the purpose of passing
a constitution amendment bill.
Note: Joint session is summoned by the President only when there is a disagreement
between two houses of the parliament with reference to ordinary bills only.

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If the amendment bill seeks to amend the federal provisions of the constitution, the bill
must be ratified by the legislatures of half of the states by a simple majority.
The bill is presented to the President after it is passed by the Parliament and the state
legislatures (in case of federal provisions).
The President must give assent to the constitution amendment bill.
The President cannot withhold the assent to the bill.
The President cannot return the bill for the reconsideration of the Parliament.
Note: The 24th constitutional amendment of 1971 made obligatory on the part of the
President to give the assent for the constitutional amendment bill.
After the assent of the President the amendment bill becomes an act.
AMENDMENT BY SIMPLE MAJORITY OF PARLIAMENT:
NOTE: Amendment of the Constitution with a simple majority is outside the scope of
Article 368.
There are many provisions in the Constitution that can be amended by a simple majority
of the Parliament.

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

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Use of English language in the Parliament

Use of official language

Citizenship

AMENDMENT BY SPECIAL MAJORITY OF PARLIAMENT:

The majority of the provisions in the constitution need to be amended by special majority.
What is special majority?
This is the majority of the total membership of each house
And
a majority of 2/3rd of the members of each house present and voting.
The important provision that can be amended through special majority are

Fundamental Rights

Fundamental Duties

Directive Principles of State Policy

AMENDMENT BY SPECIAL MAJORITY OF PARLIAMENT AND CONSENT BY

ATLEAST HALF THE STATES:

The provisions that are related to the federal structure can be amended through this
procedure.
After the bill is passed in the Parliament with the special majority then the bill is
forwarded to the state legislatures.
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If the bill is passed by a at least half the states with a simple majority then the bill is
forwarded to the President.

FEDERAL PROVISIONS:

Election of the President and its manner

Extent of the executive powers of the union and the states
Distribution of legislative powers between the union and the states
Extension of reservation for Scheduled caste, Scheduled Tribes 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.

MISCELLANEOUS:
December 20, 2012: The Constitution amendment bill to include a new article 371 (J) in
the Indian Constitution to provide a special status to the backward Hyderabad
Karnataka regions got its nod for the 2nd time in the LS with members unanimously
approving it after a division of votes as a small correction had to be made. The Bill
Constitution (Ninety Ninth Amendment) Act 2012 was brought in again with the new
numbering The Constitution (Ninety Eighth Amendment) Act 2012. The new numbering
had to be made as the bill providing quota for SC /ST in government jobs which was
earlier numbered 98 could not sail through in the LS. The region that gets the special
status includes Gulbarga, Yadgir, Raichur, Bidar, Koppal and Bellary will get special
grants from central and state governments. There would be a reservation for the people of
the area in the government jobs and education.

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2 Comments

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AAshay Raj

5 months ago

And please get well soon sir.

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AAshay Raj

5 months ago

Goodevening SIR,please tell me how many amendments are there in our constitution till today..
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WHAT'S THIS?

ALSO ON KALYANSIR

THE SOLAR SYSTEM

INDIAN GEOGRAPHY

2 comments 6 months ago

3 comments 5 months ago

sandeep sir there is a discrepancy in ur notes regarding

gopisrikanth wiki it or search in google maps

"coldest planet"both uranus and neptune are mentioned as

coldest planet.

AGRICULTURAL INSTITUTES

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1 comment 2 months ago

1 comment 6 months ago

Purushothama Kumar Azmeera thank you sir!

Sai Abhilash who is this kalyan sir?Retired IAS? Tired of his

own job?

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