Important Judgement: Kesavananda Bharati Case 1973, Supreme Court ruled that Parliament cannot alter the ‘basic structure’ of the Constitution
States cannot initiate the amendment (Only parliament can) + States have only one way to propose the amendment i.e. create the legislative council in the state + Constitution does not mention the time within which state legislatures ratify or reject the amendment + Constitution is also silent on whether the states can withdraw their approval once given + no provision for a special body + Only in few cases, the consent of the state legislatures is required + No provision for holding a joint sitting + wide scope for taking the matters to the judiciary due to vague provisions.
Article 368 of Part XX of the Constitution of India outlines two ways to make changes to the Constitution:
However, there are some other articles that allow certain provisions of the Constitution to be amended by a simple majority of Parliament. This means that a majority of the members present and voting in each House can make these amendments, just like regular laws. It's important to note that these amendments are not considered as changes to the Constitution under Article 368.
In the Indian constitution, there are provisions related to special majority that can be grouped into the following categories:
Article 249: This provision requires a two-thirds majority of the members present and voting in order to empower the Parliament to make laws on subjects included in the state list.
Article 368: This article deals with amending the constitution and requires a majority of two-thirds of the members present and voting, supported by over 50% of the total strength of the House.
Article 368 + fifty percent: In addition to the two-thirds majority mentioned in Article 368, this provision requires that the bill be passed by a simple majority in at least half of the state legislatures in India.
Article 361: This provision mandates a two-thirds majority of the total membership of the house for certain matters, but it would be beneficial to rephrase the content in simpler language.
A bill is considered passed when it receives the support of more than half of the total number of members in the house.
This means that a majority of more than half of the actual number of members present and eligible to vote in the House.
There are three ways in which the Constitution can be changed:
There are three types of amendments in the Indian Constitution. Let me explain each type in simple terms:
Amendments by Simple Majority of Parliament
Amendments by Special Majority of Parliament
Amendments by Special Majority of Parliament and Consent of States
The following provisions can be amended in this way:
The article discusses changes to the Indian constitution, including the different types of majorities required in parliament for amendments. It is divided into separate articles such as "Article 249," "Article 368," and "Article 368 with 50% state agreement." These amendments aim to combine all the provisions and articles, making the constitution the highest law of the state. The constitution's framework is essential for governing institutions and legal and political systems. Amendments can modify or add government agreements.
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