Amendment of the Constitution, Procedure of Ammendment, Article - 368, Part-20, Indian Polity Note- UPSC CS.

 

• The procedure of the amendment to the Indian constitution is neither easy (as British) nor rigid (as the USA).
• Article 368 in Part XX empowers the Parliament to amend the constitution and procedures.
• Amendment means – addition, variation or repeal of any provision of the Constitution as per the process.
• Parliament cannot amend the basic structure of the constitution (Keshavanand Bharati case - 1973). 

 Procedure for the amendment

• 
  

• The bill –

  
  
  • Can be introduced in either of the House of the Parliament and not in the state legislature.
  • Introduced either by a minister or a private member
  • No prior approval of the President required
  • Must be passed in each House separately by a special majority (a majority of the total membership of the house and a majority of two-thirds of the members of the House present and voting)
  • No provision for joint sitting of the two Houses.
  • Amending federal provisions require the ratification of half of the state legislatures by simple majority (majority of the members of the House present and voting) 
  •  Having passed by the parliament, the bill is presented to the president for assent. 
  • His assent is obligatory. He can neither withhold nor return for reconsideration. 
  • After the president’s assent, the bill becomes a constitutional amendment act.
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  • Provision amended by Special Majority (under the scope of Article 368) are –

    §Fundamental Rights
    §DPSP
    §All other provisions which are not included in the 1st and 3rd categories.
     
     Special Majority of Parliament and Consent of States– 
    •        Election of the President and its manner

    •           Extent of the executive power of the Union and the States
    •        SC and HCs

    •           Distribution of legislative powers between the    Union and the states
    •           GST Council
    •            Seventh Schedule
    •            Representation of states in Parliament
    •            Power of Parliament to amend the Constitution and its procedure (Article 368 itself).
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• • Parliamentary committees, short note for UPSC CS 

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