A constitution is called 'flexible' if it is open to changes. and it is called rigid if it is resistant to changes. since our constitution nakers were aware of the changes which will come in the course of time, so they included the process of amendment.
there are 3 processes of amendment:
a. simple majority
b. special majority (Article 368)
c. special majority alongwith ratification by half of state legislatures (Article368)
a. Simple Majority:
To bring a change in law or a new law, it requires a simple majority of members present and voting in parliament, that is, of more than 50% .
if 120 members are present in parliament , then support of 120/2=60+1=61 members is required to pass the law.
these are not constitutional amendments. and these include formation of new states, altering the area of states .
b. special majority (Article 368)
when constitution has to be amended, there is a need of special majority. it is the majority of total membership of that house and by a majority of not less than two-thirds of members present and voting in the parliament. both houses must pass the bill in the same manner.
lok sabha has 545 members ,so it requires support of 545/2 = 273 members to support the bill. and if 300 members were present at the time of voting, then it requires 273 members.
so the basic thing behind amendment is that it has to take opposition parties into confidence.
c. special majority + ratification by half of state legislatures(article 368)
In some cases, even special majority by parliament is not sufficient. It requires the assent of half of the state legislatures. this is when the distribution of powers between state and centre is concerned. So when, federal issues are concerned assent of state is required. And as we have read in chapter federalism that states are not completely at the mercy of centre. to amend the fundamental rights we require special majority plus ratification by half of state legislatures.
in other areas also , third method of amendment is required:
a. to amend election of president
b. to amend supreme court and high court powers
and many others.
in case of constitutional amendment(that is second and third method), all bills go to the president but here the president cannot send it back for reconsideration. and in this case an important principle has been underlined that only elected representatives have the authority to bring about amendment to the constitution. therefore, sovereignty of elected representatives is the basis of amendment procedure.
Gaurav Seth 6 years, 8 months ago
A constitution is called 'flexible' if it is open to changes. and it is called rigid if it is resistant to changes. since our constitution nakers were aware of the changes which will come in the course of time, so they included the process of amendment.
there are 3 processes of amendment:
a. simple majority
b. special majority (Article 368)
c. special majority alongwith ratification by half of state legislatures (Article368)
a. Simple Majority:
To bring a change in law or a new law, it requires a simple majority of members present and voting in parliament, that is, of more than 50% .
if 120 members are present in parliament , then support of 120/2=60+1=61 members is required to pass the law.
these are not constitutional amendments. and these include formation of new states, altering the area of states .
b. special majority (Article 368)
when constitution has to be amended, there is a need of special majority. it is the majority of total membership of that house and by a majority of not less than two-thirds of members present and voting in the parliament. both houses must pass the bill in the same manner.
lok sabha has 545 members ,so it requires support of 545/2 = 273 members to support the bill. and if 300 members were present at the time of voting, then it requires 273 members.
so the basic thing behind amendment is that it has to take opposition parties into confidence.
c. special majority + ratification by half of state legislatures(article 368)
In some cases, even special majority by parliament is not sufficient. It requires the assent of half of the state legislatures. this is when the distribution of powers between state and centre is concerned. So when, federal issues are concerned assent of state is required. And as we have read in chapter federalism that states are not completely at the mercy of centre. to amend the fundamental rights we require special majority plus ratification by half of state legislatures.
in other areas also , third method of amendment is required:
a. to amend election of president
b. to amend supreme court and high court powers
and many others.
in case of constitutional amendment(that is second and third method), all bills go to the president but here the president cannot send it back for reconsideration. and in this case an important principle has been underlined that only elected representatives have the authority to bring about amendment to the constitution. therefore, sovereignty of elected representatives is the basis of amendment procedure.
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