What is the procedure of amendment of the constitution of india?
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Amendment of the Constitution is protected u/A 368 in part XX along with its procedure. It states that the Parliament can, in exercise of its constituent power, amend by way of addition, variation or repeal any provision of the Constitution in accordance with the procedure laid down in the process. But it can not amend the provisions laid down in the Basic Structure rules by Supreme Court in Keshavanand Bharti case (1973).
Procedure of Amendment:
1) Amendment can be initiated only by the introduction of a bill for the purpose in either House of Parliament and not in state legislatures.
2) the bill can not be introduced either by a minister or a private member and does not require prior permission of the president.
3) The bill must be passed in each House by a special majority, that is, a majority (>50%) of the total membership of the House and a majority of 2/3 of members of the house present and voting.
4) Each House must pass the bill separately. In case, of a disagreement between the two Houses, there is no provision for holding a joint sitting of the two Houses for the purpose of deliberation and passage of the bill.
5) If the bill seeks to amend the federal provisions of the Constitution, it must also be ratified by the legislatures of half of the states by a simple majority, that is majority of members present and voting.
6) After duly passed by both the Houses of the Parliament and ratified by state legislatures, where necessary, the bill is presented to the president for assent.
7) The president must give his assent to the bill. He can neither withhold his assent nor return the bill for reconsideration of the Parliament (by the 24th Constitutional Amendment Act of 1971).
8) After the president's assent, the bill becomes an Act (that is a constitutional amendment act) and the constitution stands amended in accordance with the terms of the Act.
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Procedure of Amendment:
1) Amendment can be initiated only by the introduction of a bill for the purpose in either House of Parliament and not in state legislatures.
2) the bill can not be introduced either by a minister or a private member and does not require prior permission of the president.
3) The bill must be passed in each House by a special majority, that is, a majority (>50%) of the total membership of the House and a majority of 2/3 of members of the house present and voting.
4) Each House must pass the bill separately. In case, of a disagreement between the two Houses, there is no provision for holding a joint sitting of the two Houses for the purpose of deliberation and passage of the bill.
5) If the bill seeks to amend the federal provisions of the Constitution, it must also be ratified by the legislatures of half of the states by a simple majority, that is majority of members present and voting.
6) After duly passed by both the Houses of the Parliament and ratified by state legislatures, where necessary, the bill is presented to the president for assent.
7) The president must give his assent to the bill. He can neither withhold his assent nor return the bill for reconsideration of the Parliament (by the 24th Constitutional Amendment Act of 1971).
8) After the president's assent, the bill becomes an Act (that is a constitutional amendment act) and the constitution stands amended in accordance with the terms of the Act.
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