Constitutional Amendments - Part 2

CONSTITUTIONAL AMENDMENTS - PART 2

Types of Amendments 

The Constitution can be amended in three ways:
     (a)    Amendment by simple majority of the Parliament,
     (b)    Amendment by special majority of the Parliament, and
    (c)    Amendment by special majority of the Parliament and the ratification of half of the state legislatures.

By Simple Majority of Parliament:
A number of provisions in the Constitution can be amended by a simple majority of the two Houses of Parliament outside the scope of Article 368. These provisions include:
1.    Admission or establishment of new states.
2.   Formation of new states and alteration of areas, boundaries or names of existing states.
3.    Abolition or creation of legislative councils instates.
4.  Second Schedule—emoluments, allowances, privileges and so on of the president, the governors, the Speakers, judges, etc.
5.    Quorum in Parliament.
6.    Salaries and allowances of the members of Parliament.
7.    Rules of procedure in Parliament.
8.    Privileges of the Parliament, its members and its committees.
9.    Use of English language in Parliament.
10.  Number of puisne judges in the Supreme Court.
11.  Conferment of more jurisdiction on the Supreme Court.
12.  Use of official language.
13.  Citizenship—acquisition and termination.
14.  Elections to Parliament and state legislatures.
15.  Delimitation of constituencies.
16.  Union territories.
17.  Fifth Schedule—administration of scheduled areas and scheduled tribes.
18.  Sixth Schedule—administration of tribal areas.

AMENDMENT BY SPECIAL MAJORITY OF PARLIAMENT:
The majority of the provisions in the constitution need to be amended by special majority.

 What is special majority
 This is the majority of the total membership of each house and
1. a majority of 2/3rd of the members of each house present and voting.
2.The important provision that can be amended through special majority are
    •    Fundamental Rights
    •    Fundamental Duties
    •    Directive Principles of State Policy

By Special Majority of Parliament and Consent of States
   •    Those provisions of the Constitution which are related to the federal structure of the polity can be  amended by  a special majority of the Parliament and also with the consent of half of the state legislatures by a simple majority.
    •    If one or some or all  the remaining states take no action on the  bill, it  does not matter; the moment  half of the states give their consent, the formality is completed. There is no time limit within which the states should give their consent to the bill.

The following provisions can be amended in this way:
1.    Election of the President and its manner.
2.    Extent of the executive power of the Union and the states.
3.    Supreme Court and high courts.
4.    Distribution of legislative powers between the Union and the states.
5.    Any of the lists in the Seventh Schedule.
6.    Representation of states in Parliament.

Power of Parliament to amend the Constitution and its procedure (Article 368 itself).

FEDERAL PROVISIONS:
•    Election of the President and its manner
•    Extent of the executive powers of the union and the states
•    Distribution of legislative powers between the union and the states
•    Extension of reservation for Scheduled caste, Scheduled Tribes and Anglo-Indians in the Parliament and  the  state legislatures.
•    Representation of states in the Parliament.
•    Power of the Parliament to amend the Constitution and its procedure.

MISCELLANEOUS:
•    December 20, 2012: The Constitution amendment bill to include a new article 371 (J)  in  the  Indian  Constitution to provide a special status to the backward Hyderabad  – Karnataka regions  got its nod for the    2nd time in the LS  with members unanimously approving it after a division of votes as a small correction had  to be made.
•    The Bill Constitution (Ninety Ninth Amendment) Act 2012 was brought in again with the new  numbering The Constitution (Ninety Eighth Amendment) Act 2012.
•    The new numbering had to  be made as  the bill providing quota for SC /ST in government jobs which was earlier numbered 98 could not sail through  in the LS.
•    The region that gets the special status includes Gulbarga, Yadgir, Raichur, Bidar, Koppal and  Bellary will get special grants from central and state governments. There would be  a reservation  for the  people of the area in the government jobs and education.