Constitution of india TNPSC Material

AMENDMENT OF THE INDIAN CONSTITUTION

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The parliament is empowered to amend the constitution.

The constitution is rigid means it is amended with a special majority.

The Constitution is flexible means it is amended with a simple majority.

The Parliament cannot amend the basic features of

the Constitution.

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The article 368 provides for two types of amendments.

By a Special majority of the Parliament.

By a special majority of the Parliament and consent by at least half the states

by simple majority.

Some other articles in the Constitution also provides for

the amendment of the Constitution.

WHAT IS THE PROCEDURE FOR AMENDMENT OF THE CONSTITUTION?

The procedure for the amendment is initiated in the Parliament (Lok Sabha or Rajya

Sabha) only.

The amendment is initiated only by introducing a bill in the Parliament.

The procedure cannot be initiated in the state legislatures.

The bill can be introduced either by a public member (Minister) or by a Private member(who is not a Minister, but a member of the house).

The amendment bill does not require the prior permission of the President.

The amendment bill must be passed in each house by a special majority.

Special majority: A majority of more than 50 percent of the total membership of thehouse and a majority of 2/3rd of members of the house present and voting.

The bill must be passed in each house separately.

If there is a disagreement between the Lok sabha and Rajya Sabha the bill is considered to be rejected.

There is no provision of the Joint Session in the Constitution for the purpose of passing a constitution amendment bill.

Note: Joint session is summoned by the President only when there is a disagreement between two houses of the parliament with reference to ordinary bills only.

If the amendment bill seeks to amend the federal provisions of the constitution, the bill must be ratified by the legislatures of half of the states by a simple majority.

The bill is presented to the President after it is passed by the Parliament and the statelegislatures (in case of federal provisions).

The President must give assent to the constitution amendment bill.

The President cannot withhold the assent to the bill.

The President cannot return the bill for the reconsideration of the Parliament.

Note: The 24th constitutional amendment of 1971 made obligatory on the part of the President to give the assent for the constitutional amendment bill.

After the assent of the President the amendment bill becomes an act.