Test: Amendment of the Constitution - CLAT PG MCQ

The "basic structure" refers to essential features of the Constitution that cannot be amended or altered by Parliament. This concept was established by the Supreme Court in the Kesavananda Bharati case, ensuring that the fundamental characteristics of the Constitution remain intact despite amendments.

Amendments that affect Fundamental Rights require a special majority in Parliament, which is defined as a majority of the total membership of each House and a two-thirds majority of members present and voting. This ensures that fundamental rights, which are crucial for individual freedoms, are protected through a rigorous amendment process.

Most amendments can indeed be passed with a simple majority in Parliament, specifically for certain provisions. This allows for a degree of flexibility in addressing legislative needs without requiring extensive consensus.

Article 368 specifically details the process by which the Indian Constitution can be amended. It provides the framework for how amendments can be initiated, approved, and ratified, ensuring that the Constitution can adapt to changing circumstances while maintaining its essential structure.

The absence of a specified time frame for state legislatures to approve amendments implies that states have unlimited time to make their decisions, allowing for a more deliberative process. However, this can lead to delays in the amendment process, which may be seen as a drawback in urgent situations.

For amendments related to the federal structure, ratification requires approval from at least half of the state legislatures. This ensures that states have a significant role in changes that affect the division of powers between the central and state governments.

If there is a disagreement between the two Houses, each House must pass the bill separately, without the provision for a joint sitting as seen in ordinary legislative processes. This distinct procedure emphasizes the need for consensus within each legislative body.

The concept of the "basic structure" was established in the Kesavananda Bharati case, where the Supreme Court ruled that while Parliament has the power to amend the Constitution, it cannot alter its fundamental framework. This landmark decision has significant implications for constitutional law in India.

The amendment process shares similarities with the legislative process for ordinary bills, particularly in terms of how bills are introduced and debated. However, specific requirements, such as the type of majority needed, distinguish amendments from regular legislation.

The formation of new states can be amended by a simple majority of Parliament, which is a less stringent process than those requiring special majorities or state ratification. This facilitates the administrative and geographical evolution of the country.

The amendment process begins with the introduction of a bill in either House of Parliament. This step is crucial as it sets the legislative process in motion, allowing Parliament to debate and decide on the proposed changes.

A common criticism is that state legislatures cannot initiate amendments, limiting their role in the constitutional process. This centralization of power in Parliament is seen as a drawback, as it restricts local governance input in national constitutional changes.

The President is required to give assent to a constitutional amendment bill without the option to withhold or send it back. This aspect of the process emphasizes the finality of the legislative decision once Parliament has approved the amendment.

The amendment procedures do not include a requirement for unanimous approval by all states. Instead, some amendments require only the consent of half of the states, demonstrating a more flexible approach to federal changes compared to a rigid requirement.

Amendments that can be passed by a simple majority do not require ratification by state legislatures. This allows certain provisions to be amended more easily, reflecting the need for legislative adaptability in specific areas.