Explain the procedures of amending the Indian Constitution.
Answers
Answer:
There are three procedures for amendind the Indian constitution:-
i. Amendment by a simple majority of the parliament
So many provisions in the Indian Constitution can be amended by a simple majority of the two Houses of Parliament outside the scope of Article 368
The subject of the constitution that can be ammended by simple majority are, rights of Citizenship, sixth schedule etc.
ii. Amendment by a special majority of the parliament
The majority of the provisions in the Constitution need to be amended by a special majority of the Parliament, that is, a majority (that is, more than 50 percent) of the total membership of each House and a majority of two-thirds of the members of each House present and voting. The expression ‘total membership’ means the total number of members comprising the House irrespective of the fact whether there are vacancies or absentees.
The provisions which can be amended by this way include:
(i) Fundamental Rights
(ii) Directive Principles of State Policy
(iii) All other provisions which are not covered by the first and third categories.
iii. Amendment by a special majority of the parliament and the ratification of half of the state legislatures
Those provisions of the Constitution which are related to the federal structure of the polity can be amended by a special majority of the Parliament and also with the consent of half of the state legislatures by a simple majority. If one or some or all the remaining states take no action on the bill, it does not matter; the moment half of the states give their consent, the formality is completed. There is no time limit within which the states should give their consent to the bill.
The following provisions can be amended in this way:
1. Election of the President and its manner.
2. Formation of new states and alteration of areas, boundaries or names of existing states
3. Abolition or creation of legislative councils in states
4. Second Schedule—emoluments, allowances, privileges and so on of the president, the governors, the Speakers, judges, etc.
5. Quorum in Parliament.
6. Salaries and allowances of the members of Parliament.
7. Rules of procedure in Parliament.
8. Privileges of the Parliament, its members and its committees.
Answer:
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