Question

Consider the following statements regarding the source and structure of amendment provisions:

1. The concept was borrowed from South Africa.

2. Part XX of the Constitution deals with amendments.

3. Article 368 allows amendments by addition, variation, or repeal.

Which of the statements given above is/are correct?

• A. 1 and 2 only
• B. 2 and 3 only
• C. 1, 2 and 3
• D. 3 only

Answer 1

Answer:

C. 1, 2 and 3

Constitutional Amendment Provisions in India

• Source of Amendment Procedure: The procedure for amending the Constitution of India has been largely inspired by the Constitution of South Africa. This borrowing reflects India's approach to incorporating effective mechanisms for constitutional flexibility.

• Constitutional Part: Amendments to the Constitution are primarily dealt with under Part XX of the Indian Constitution. This specific part is dedicated to the 'Amendment of the Constitution'.

• Governing Article: The main provision governing the amendment of the Constitution is Article 368. This article empowers the Parliament to amend the Constitution by way of addition, variation, or repeal of any provision, subject to certain conditions and procedures.

• Types of Amendments under Article 368: Article 368 outlines different methods for amendment:

  • Amendment by Simple Majority: Certain provisions can be amended by a simple majority of the Parliament.

  • Amendment by Special Majority: Most of the Constitution's provisions require a special majority, which means a majority of the total membership of each House as well as a majority of not less than two-thirds of the members of that House present and voting.

  • Amendment by Special Majority and Ratification by States: For amendments affecting the federal structure of the Constitution (e.g., distribution of powers between the Centre and the States, representation of States in Parliament), a special majority is required, along with the ratification of amendments by at least half of the state legislatures.

• Significance of Amendment Process: The amendment procedure strikes a balance between the rigidity and flexibility of the Constitution. It ensures that the core principles of the Constitution are protected from arbitrary changes while allowing it to adapt to changing social, economic, and political circumstances.