Discuss The Procedure of Amendment of The Constitution

Discuss the procedure of amendment of the Constitution
Background of Amendment Procedure
In 2019, the Parliament passed the Constitution (124th) Amendment Bill 2019 by a
special majority. The bill, however, saw arguments on the amendment procedure,
including whether the Bill should be ratified by state Assemblies, and questions related
to aided and unaided institutions.
What is the Procedure for Amending the Indian Constitution?
Article 368 in Part XX of the Indian Constitution deals with the power of parliament to
amend the constitution and its procedures. It states that -
(1) The Indian constitution grants the Parliament the authority to alter any provision of
the constitution by means of addition, modification, or repeal, subject to the procedures
outlined in article 368 (2) of the Indian constitution
(2) A constitutional change may also only be triggered by the presentation of a bill in
either House of Parliament, which is currently the only way to do so.
However, the Parliament cannot amend those provisions which form the ‘basic structure’
of the Constitution. This was ruled by the Supreme Court in the Kesavananda Bharati vs.
State of Kerala case (1973).
It provides for two types of amendments,
1. Amendment by a special majority of Parliament
2. Amendment by the special majority of parliament along with the ratification of half of
the states legislatures by a simple majority.
Amendment of certain provisions of the Constitution requires amendment by a simple

majority of each house present and voting. These amendments are not deemed to be
amendments under Article 368.
Indian Constitution is both rigid as well as flexible i.e. it is difficult to amend but
practically flexible. As per Article 368 of the Indian Constitution, an Amendment can be
introduced in either of the houses, later it can be passed by a special majority or by a
simple majority. Later if the bill is passed by the majority it will be sent to the president
for his assent.
In 69 years of the Constitution, 103 Amendments are already done. The
42nd Amendment is considered as the terms socialist, secular, integrity was inserted
through it. The First Amendment was done in the year 1950, itself.
Procedure For Amendment

1. The bill can be introduced by a minister or a private member, and it does not
require the president's prior approval.
2. The bill must be passed by a special majority in each House, which is defined as a
majority (more than 50%) of the total membership of the House and a majority of
two-thirds of the members present and voting.
3. The bill must be passed by each House separately. There is no provision for holding
a joint sitting of the two Houses for the purpose of deliberation and passage of the
bill if there is a disagreement between them.
4. 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, that is, a
majority of the members of the House present and voting.
5. The bill is then presented to the president for assent after being duly passed by
both Houses of Parliament and ratified by the state legislatures, where necessary.
6. When a bill amending the Constitution is presented to the President, he must give
his assent to the bill. He cannot refuse to give his assent or return the bill to
Parliament for reconsideration.
7. When the bill receives Presidential assent, it becomes an Act (i.e., a constitutional
amendment act), and the Constitution is amended in accordance with the Act's
terms.
Restriction on Parliament’s Amendment powers and Judicial Review
If the Amendment was passed by the parliament and if the judiciary feels to review it, the
judiciary has the power and if the judiciary thinks that Amendment is unlawful or against
any provision or against public morality, they have the power to disqualify that
Amendment.
The Supreme Court and The Amendment Power

In Shankari Prasad v. Union of India
In this case, for the very first time question was raised on the Amendment of
fundamental rights i.e. whether the FR can be amended under Article 368 or not. The five
judges’ bench stated that Article 368 provides general and strict power to the parliament
to amend the Constitution.
In Golaknath v. the State of Punjab
In this case, the validity of first, Seventeenth, and fourth Amendment were challenged.
This time from the eleven judges’ bench, the majority of six judges decided that the
parliament has no power to amend part 3 of the Constitution. On the other hand, the
court considered that the parliament has a duty to correct the errors in the law,
therefore adopted the doctrine of prospective overruling through which the 3
Amendments discussed were continued to be valid but in future, the parliament has no
power to amend the part III of the Constitution.
In the landmark case of Kesavananda Bharati vs. State of Kerala 1973, the Supreme Court
has ruled that parliament has the power to amend any part of the constitution but it
cannot alter the “basic structure of the constitution”.

Discuss The Procedure of Amendment of The Constitution

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Discuss The Procedure of Amendment of The Constitution

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Discuss the procedure of amendment of the Constitution

Background of Amendment Procedure

What is the Procedure for Amending the Indian Constitution?

It provides for two types of amendments,

1. Amendment by a special majority of Parliament

Amendment of certain provisions of the Constitution requires amendment by a simple

Procedure For Amendment

Restriction on Parliament’s Amendment powers and Judicial Review

The Supreme Court and The Amendment Power

In Golaknath v. the State of Punjab

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