AMENDMENT OF THE CONSTITUTION

INTRODUCTION

The condition which existed at the time of drafting of the constitutions may not be same over the period of time. Therefore the framer of the Constitution added the provision amendment under Article 368 . Which they Borrowed from Africa . With the help of this provision (Article) we (Parliament) can amend any part of the constitution.

Type of Amendment

(A) Informal Method

(B) Formal Method [ i(Flexibale)  ii(Rigid) ]

Flexible:-  In this amendment is quite easy .

Rigid :- Amendment is more difficult.

Mode of Amendment :- There are three mode

1.Simple Majority

Article 5, 169 & 239 -A

2.Special Majority

Majority not less than 2/3 of member of that house present.

3.Special Majority Ratifications By state

Special majority house of Parliament as well as ratifications by not less than 1/2 of the state.

 

Procedure of Amendment

[Majority of the total number of member of each.

(i.e. More than 50 %) ]  + President signature = Amendment

According to Pt. Nehru :-  Constitution should be certain. flexible. He believes that if you make anything rigid  and permanent you stop the nation’s growth .

[But the framer of the constitution choosed middle path ] ( nor rigid nor flexible )

Keshav Nandan Bharati vs State of Kerala 1973  :- Supreme Court held that Parliament can amend any part of the constitutions but can’t amend the basic structures of the constitution.

Conclusion :- Our constitution is Federal constitution in Federal constitution the process of the amendment is very completed . The constitutions of America is also Federal but to process of amendment is very difficult present total amendment in the constitution in 104.

READ BARE ACT LANGUAGE

Article 368 in The Constitution Of India 1949

  1. Power of Parliament to amend the Constitution and procedure therefor

(1) Notwithstanding anything in this Constitution, Parliament may in exercise of its constituent power amend by way of addition, variation or repeal any provision of this Constitution in accordance with the procedure laid down in this article

(2) An amendment of this Constitution may be initiated only by the introduction of a Bill for the purpose in either House of Parliament, and when the Bill is passed in each House by a majority of the total membership of that House present and voting, it shall be presented to the President who shall give his assent to the Bill and thereupon the Constitution shall stand amended in accordance with the terms of the Bill: Provided that if such amendment seeks to make any change in

(a) Article 54, Article 55, Article 73, Article 162 or Article 241, or

(b) Chapter IV of Part V, Chapter V of Part VI, or Chapter I of Part XI, or

(c) any of the Lists in the Seventh Schedule, or

(d) the representation of States in Parliament, or

(e) the provisions of this article, the amendment shall also require to be ratified by the Legislature of not less than one half of the States by resolution to that effect passed by those Legislatures before the Bill making provision for such amendment is presented to the President for assent

(3) Nothing in Article 13 shall apply to any amendment made under this article

(4) No amendment of this Constitution (including the provisions of Part III) made or purporting to have been made under this article whether before or after the commencement of Section 55 of the Constitution (Forty second Amendment) Act, 1976 shall be called in question in any court on any ground

(5) For the removal of doubts, it is hereby declared that there shall be no limitation whatever on the constituent power of Parliament to amend by way of addition, variation or repeal the provisions of this Constitution under this article PART XXI TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS.

 

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