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AMENDMENT OF THE CONSTITUTION (PROCEDURE FOR AMENDMENT (AN AMENDMENT OF…
AMENDMENT OF THE CONSTITUTION
INTRODUCTION
THE
INDIAN CONSTITUTION IS NEITHER FLEXIBLE NOR RIGID BUT A SYNTHESIS OF BOTH.
WHY
ARTICLE 368 IN PART XX OF THE CONSTITUTION
SCOPE OF AMENDMENT ?
ANYTHING IS CONS. BUT NOT BASIC STRUCTURE OF CONS.
GIVEN IN KESVANANDA BHARTI JUDGEMENT 1973
FROM
WHERE
PROCESS OF AMENDMENT TAKEN ?
SOUTH AFRICA
PROCEDURE FOR AMENDMENT
AN AMENDMENT OF THE CONSTITUTION CAN BE INITIATED
ONLY IN EITHER HOUSE OF PARLIAMENT
NOT IN SLA
IT CAN BE PUBLIC OR PRIVATE MEMBER'S BILL
NO PRIOR RECOMMENDATION OF PRES. IS REQUIRED
HAS TO PASSED BY SPECIAL MAJORITY BY BOTH THE HOUSE
ABSOLUTE MAJORITY + 2/3 RD MAJORITY OF MEMBER OF THE HOUSE (PRESENT AND VOTING)
NO JOINT SITTING IN CASE OF DEADLOCK
IF THE BILL SEEKS TO AMEND THE FEDERAL PROVISIONS OF THE CONSTITUTION, IT
MUST ALSO BE RATIFIED BY THE LEGISLATURES OF HALF OF THE STATES BY A SIMPLE MAJORITY
THE PRESIDENT MUST GIVE HIS ASSENT TO THE BILL.
NO VETO CAN APPLIED ON CONSAA
ADDED BY 24TH CONSAA
TYPES OF AMENDMENTS
1.AMENDMENT BY SIMPLE MAJORITY OF THE PARLIAMENT,
NOT U/A 368
ADMISSION OR ESTABLISHMENT OF NEW STATES.
ART 2 AND 3
ABOLITION OR CREATION OF LEGISLATIVE COUNCILS IN STATES.
ART 169
SECOND SCHEDULE
QUORUM IN PARLIAMENT.
ART 100
USE OF ENGLISH LANGUAGE IN PARLIAMENT.
NUMBER OF PUISNE JUDGES IN THE SUPREME COURT.
CONFERMENT OF MORE JURISDICTION ON THE SUPREME COURT.
USE OF OFFICIAL LANGUAGE.
ART 343
CITIZENSHIP—ACQUISITION AND TERMINATION.
ART 5 AND 9
ELECTIONS TO PARLIAMENT AND STATE LEGISLATURES.
DELIMITATION OF CONSTITUENCIES.
ART 81
5TH AND 6TH SCHEDULE
PRIVILEGES OF THE PARLIAMENT, ITS MEMBERS AND ITS COMMITTEES.
ART 105
AMENDMENT BY SPECIAL MAJORITY OF THE PARLIAMENT, AND
FUNDAMENTAL RIGHTS;;
ALL OTHER PROVISIONS WHICH ARE NOT COVERED BY THE FIRST AND THIRD CATEGORIES.
DIRECTIVE PRINCIPLES OF STATE POLICY
3.AMENDMENT BY SPECIAL MAJORITY OF THE PARLIAMENT + THE RATIFICATION OF HALF OF THE STATES
FOR AMENDMENT IN FEDERAL FEATURES
ELECTION OF THE PRESIDENT AND ITS MANNER.
EXTENT OF THE EXECUTIVE POWER OF THE UNION AND THE STATES.
SUPREME COURT AND HIGH COURTS.
DISTRIBUTION OF LEGISLATIVE POWERS BETWEEN THE UNION AND THE STATES
SCHEDULE 7
REPRESENTATION OF STATES IN PARLIAMENT.
ART 80
POWER OF PARLIAMENT TO AMEND THE CONSTITUTION AND ITS PROCEDURE (ARTICLE
ART 368
NO TIME LINIT FOR STATES TO RATIFY THELAIMENT CONSAA PASSED BY PARLIAMENT
CRITICISM OF THE AMENDMENT PROCEDUR
NO SEPERATE BODY LIKE
CONSTITUTIONAL CONVENTION
(AS IN USA)
EXCLUSIVE POWER TO INITAITE CONSAA WITH PARLIAMENT ONLY
EXCEPTION CONS OF SLC
MAJORITY OF CONS TO BE AMENDED BY PARLAIMENT
ONLY IN FEW CASES STATE CONSENT IS REQUIRED
NO JOINT SITTING IN CASE OF DEADLOCK OVEER CONSA