Question

what is amendment? why are amendments made in the Constitution ?​

Answer 1

Answer:

Explanation:

Amendment means making relevant changes in the constitution. Constitution is regarded as a LIVING DOCUMENT which keeps on evolving over the period of time. India is a developing country. It’s society is constantly evolving both socially and educationally. To keep up with the developments in the society, it was felt necessary by the constitution makers to make a flexible constitution which can be changed to suit the demands of the society.

In India’s case the constitution is partly flexible partly rigid. This means that the constitution can be amended by simple majority ( Half of the members +1) in some cases and by special majority in other cases. Let me explain it further in detail :

The amendment procedure is given under ART 368.

Every amendment bill has to be passed in both the houses.(LS and RS)

The constitution can be amended by two majorities depending upon the nature of amendment - 1. SIMPLE MAJORITY - on regular issues as described by the constitution. These amendments require simple majority which means - Half of the members PV(Present and voting) +1. Example Art. 5,169,239-A.

2. SPECIAL MAJORITY - This majority is required for amendment of the constitution of All the Articles except the ones given above. Now here the majority required is - Majority of the Total membership of the house + 2/3rd majority of the member PV(PRESENT AND VOTING). Here the procedure gets difficult as compared to the above majority. Ex- if RS have 250 members and 150 members are present to that day then to carry an amendment you ought to have votes of 125 members +100 members(2/3rd of members PV). REMEMBER BOTH THE CONDITIONS HAVE TO BE FULFILLED. That is why parties issue mandatory attendance order (AKA as WHIP) on the day when important amendments have to be passed.

3. SPECIAL MAJORITY + RATIFICATION OF HALF OF THE STATE LEGISLATURES - Art 368 have given certain Articles whose amendment can be carried out only by special majority plus ratification of the amendment by half of the state legislatures(THE VIDHAN SABHAS OF STATE). Recent example is GST which had to ratified by half of the sates then only it can be presented to President for his assent.

I hope this is sufficient enough for your question.