Useful Notes on the Process of Amendment of the Constitution of India

A Constitution is a living document, which has to adapt itself to the changing socio-economic conditions.

I. The constitution makers provided for an easier mode for changing those provisions which did not primarily affect the federal system.

There are about three dozen articles which can be altered by simple majority and were not to be deemed to be the amendment of the constitution. It could be done by simple process of legislation.

Image Source: cdn.publishyourarticles.net

Under this procedure comes

(a) Names boundaries of states

(b) Creation or abolition of Legislative Council

(c) Codification of Parliamentary privileges

(d) Fixing quorum in Parliament

(e) Salaries and allowances of President, Governor, Judges

The Process of Amendment is prescribed in Article 368.

II. For certain category of constitutional provisions a special majority is required. Such an amendment must be passed by each house by a majority (i.e. more than 50%) of the total membership of the House and by a majority of not less than two-thirds of the members of that house present and voting.

Ratification of States in case of Constitutional amendment bill is must before being presented to the President for his assent. 24 Amendment Act has made it obligatory for the President to give his assent to Constitution Amendment Bill.

Under this category comes a majority Constitutional provision.

III. In case of certain amendments, besides the special majority mentioned above, ratification by not less than half of the states is required. This has to be done before presenting the Bill for President’s assent. Under this category comes

(a) Procedure for election of the President

(b) Executive power of Union and States (Art 73, 162)

(c) SC and HC (Art 241, Ch-IV of Part V, Ch- V of Part VI)

(d) Distribution of legislative power (Chap I Part XI)

(e) Any list in seventh schedule

(f) Representation of State in Parliament (Art 80-81)

(g) Provisions of Art 368 itself

i. A bill can be introduced in either House

ii. No provision of joint sitting.

iii. Previous sanction of President is not required.

iv. 24^th Amendment Act 1971 has made it obligatory on the President to give his assent to a Bill for amendment.

Parliamentary committees are not constitutional bodies but have been brought into existence under the rule making power of Parliament.