Consitutional Amendments - Part 1

CONSTITUTIONAL AMENDMENTS - PART 1

Constitutional Amendments:
•    Amendment is nothing but modification of the Constitution.
•    Amendment means Addition, Deletion & Modification of that already existing in the Constitution.
•    The amendment of the Indian constitution is mentioned in PART XX of the constitution.
•    The procedure is mentioned under article 368 of the Indian Constitution.
•    The parliament is empowered to amend the constitution.
•    Indian Constitution is both rigid and flexible.
•    The constitution is rigid means it is amended with a special majority.
•    The Constitution is flexible means it is amended with a simple majority.

NOTE: 

The Parliament cannot amend the basic features of the Constitution.
 

•    This was ruled by the Supreme Court in the keshavananda Bharati case of 1973.
•    Various judgments of the Supreme Court have given many points that constitute the basic  structure of the Constitution.
•    From various judgments of the Supreme Court the basic structure of the Constitution can be
•    The supremacy of the Constitution.
•    Sovereign, Democratic and Republic nature of the Indian Polity
•    Secularism
•    Separation of powers between legislature, executive and Judiciary
•    Federal character
•    Judicial review
•    Freedom and dignity of the individual
•    Rule of law
•    Unity and Integrity of the nation
•    Balance between Fundamental Rights and Directive Principles of State Policy
•    The Principle of equality
•    Free and fair elections
•    Independence of Judiciary
•    Limited powers of the Parliament to amend the Constitution

REMEMBERING TRICKS
1.    3 Amendments    21+71 = 92
2.    Languages
        •    Konkani, Nepali and Manipuri [KLMN  - Alphabet Series]
        •    Maithili, Santhali, Dongri and Bodo  [MSD Boys - Mahendra Singh Dhoni Boys]

Amendments to Constitution
Amendment to constitution means an act of addition of new or deletion or alteration or changing the existing provisions/laws of the constitution by the procedure made by the law itself.
   
Simple Majority Vs Special Majority
 To know about the amendment process and its types, one should be very clear about what  is simple Majority and Special Majority.

Simple Majority
•    In Simple Majority, the minimum number of members to be present is same as the Quorum which mean one-tenth of the total members of the respective house.
•    To pass a bill with simple majority, more than 50% of the members present in the house should vote in favour of the bill.

Special Majority
•    In Special Majority, the minimum number of members to be present is more than 50% of the total membership of the respective house.
•    To pass a bill with special majority, more than two-third of the members present should vote in favour of the bill.

Types of Amendments to Constitution

 Amendments To Constitution of India

42nd Amendment Act, 1976
•    Addition of 3 new words - socialist, secular, and integrity in the preamble.
•    Inserted a new part IV- A, having the Article 51 - A - "Fundamental Duties".
 

61st Amendment Act, 1988
•    Lowered the voting age from 21 Years to 18 Years.

73rd Amendment Act, 1992
•    Panchayati Raj Institution
•    Added Part IX Articles 243 - 243  O.
•    11th Schedule

74th Amendment Act, 1992
•    Municipalities
•    Added Part IX-A, Articles 243 P - 243 ZG
•    12th Schedule

HOW MANY METHODS ARE MENTIONED TO AMEND THE CONSTITUTION
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.
•    Note : Some other articles in the Constitution also provides for the amendment of the Constitution. Hence, the Constitution of India can be amended in three ways.
•    Note: Please remember Article 368 provided  2  methods  only.  Amendment  with  simple  majority  is mentioned outside the purview Article 368 where ever it is required.
•    Amendment by simple majority of the Parliament.
•    Amendment by a special majority of the Parliament.
•    Amendment by a special majority of the Parliament and ratification (consent) by at least half the states legislatures.

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. ü 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 the house 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 state legislatures (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.