Why is there a need for amendment in the constitution? What is the process for amending the
constitution? brief answer
Answers
Answer:
The Constitution provides for clear division of powers in respect of taxation between the Centre and states. While the Centre at present does not have the right to tax sale of goods, except in the case of inter-state sale, states cannot levy tax on services. The divisions are mentioned in the Article 246 under the Seventh Schedule of the Constitution. The Constitution needs to be amended to provide for giving power to both the Centre and states in respect of GST, a single tax on goods and services. Therefore, the very first provision of the Bill is to add Article 246A after Article 246. It says Parliament and the legislature of every state will have the power to make laws with respect to goods and services tax imposed by the Union or by such state. In the case of inter-state supply of goods or services or both, only Parliament will have the power.
A constitutional amendment Bill has to be passed by a special majority--majority of the total membership of the House and also by at least two-third of the members present & voting. The NDA govt had the numbers to get the Bill passed in Lok Sabha but lacked strength in the Rajya Sabha. It needed to get Congress and most other parties on board to get it passed. Building a consensus was difficult and time consuming.
The voting in such cases is always by a division.
Each clause or schedule is put to the vote of the House separately and carried by the special majority.
A group of clauses or schedules can be voted together with the concurrence of the House.
Amendments to clauses or schedules are decided by simple majority as in the case of any other Bill.
Since the Bill amends the Seventh Schedule, changing the distribution of powers between and the Centre and states, it also needs consent of the states.
Once the Bill is passed, at least half of the state assemblies have to ratify it.
Once approved by the required number of state legislatures, it will be sent to the President for his assent. The President is bound to give assent to such Bills passed via special majority.
HOPE THIS WAS HELPFUL!!!!