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Part XX, Article 368 Amendment of Constitution

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

  1. Introduced on by a parliament not state legislature.
  2. Bill can be introduced either by minister or private member.
  3. Must be passed in each house by special majority.
  4. No provision of holding a Joint sitting.
  5. Bill seeks to amend federal provision - it must be ratified by legislature of half of the states by a simple majority.
  6. President must give his assent to the bill.
  7. After president's assent, the bill becomes an Act and constitution stands amended in accordance with the terms of the Act.
Types of Amendment
  1. Simple Majority
  2. Special Majority
  3. Special Majority with ratification of half of the state legislature.
Simple Majority
  1. Admission and establishment of new states.
  2. Formation of new states and alteration of area, boundaries or names of existing states.
  3. Abolition or creation of legislative councils in states.
  4. Second Schedule
  5. Quroum in Parliament
  6. Salaries and allowances of the member of Parliament.
  7. Rules of procedure in Parliament.
  8. Privileges of Parliament, its member and its committees.
  9. Use of English language in Parliament.
  10. Number of puisne judges in the Supreme Court.
  11. Conferment f more jurisdiction on the Supreme Court.
  12. Use of official language.
  13. Citizenship
  14. Election of Parliament and State legislature
  15. Delimitation of Constituencies.
  16. Union territories
  17. Fifth Schedule
  18. Sixth Schedule
Special Majority
  1. Fundamental Rights
  2. Directive Principle of State Policy
  3. All provision which is not covered in 1st and 3rd categories.
Special Majority with ratification of half of the state legislature
  1. Election of the President and its manner.
  2. Extent of executive power of the Union and the states.
  3. Supreme Court and High Courts
  4. Distribution of Legislative power between Union and States.
  5. Goods and Services Tax Council.
  6. Any list in the Seventh Schedule.
  7. Representation of States in Parliament.
  8. Power of Parliament to amend the Constitution and its procedure (Article 368 itself).

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