Article 368 in Part XX of the Constitution deals with the power of Parliament to amend the Constitution and its procedure.
Indian Constitution is neither flexible nor rigid but a synthesis of both.
Procedure of Amendment
- Introduced on by a parliament not state legislature.
- Bill can be introduced either by minister or private member.
- Must be passed in each house by special majority.
- No provision of holding a Joint sitting.
- Bill seeks to amend federal provision - it must be ratified by legislature of half of the states by a simple majority.
- President must give his assent to the bill.
- After president's assent, the bill becomes an Act and constitution stands amended in accordance with the terms of the Act.
Types of Amendment
- Simple Majority
- Special Majority
- Special Majority with ratification of half of the state legislature.
Simple Majority
- Admission and establishment of new states.
- Formation of new states and alteration of area, boundaries or names of existing states.
- Abolition or creation of legislative councils in states.
- Second Schedule
- Quroum in Parliament
- Salaries and allowances of the member of Parliament.
- Rules of procedure in Parliament.
- Privileges of Parliament, its member and its committees.
- Use of English language in Parliament.
- Number of puisne judges in the Supreme Court.
- Conferment f more jurisdiction on the Supreme Court.
- Use of official language.
- Citizenship
- Election of Parliament and State legislature
- Delimitation of Constituencies.
- Union territories
- Fifth Schedule
- Sixth Schedule
Special Majority
- Fundamental Rights
- Directive Principle of State Policy
- All provision which is not covered in 1st and 3rd categories.
Special Majority with ratification of half of the state legislature
- Election of the President and its manner.
- Extent of executive power of the Union and the states.
- Supreme Court and High Courts
- Distribution of Legislative power between Union and States.
- Goods and Services Tax Council.
- Any list in the Seventh Schedule.
- Representation of States in Parliament.
- Power of Parliament to amend the Constitution and its procedure (Article 368 itself).
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