Question

Consider the following statements regarding the types of majority required for constitutional amendments:

1. Amendments to provisions related to the federal structure require a special majority in Parliament and ratification by at least half of the state legislatures.

2. A simple majority in Parliament is sufficient to amend provisions like the creation of new states or changes to the Fifth Schedule.

3. The term "special majority" refers to a majority of the total membership of each House, regardless of vacancies or absentees.

Which of the statements given above is/are correct?

• A. 1 and 2 only
• B. 2 and 3 only
• C. 1 and 3 only
• D. All of the above

Answer 1

Answer:

A. 1 and 2 only

Constitutional Amendment Process in India

• The Indian Constitution, unlike some others, is designed to be a blend of rigidity and flexibility. This means it can be amended to adapt to changing times while also preserving its core principles.
• Article 368 of the Indian Constitution, found in Part XX, outlines the power of Parliament to amend the Constitution and the specific procedure for doing so.
• The procedure for constitutional amendment can be broadly categorized into three types based on the majority required:

1. Amendment by Simple Majority of Parliament

• Certain provisions of the Constitution can be amended by a simple majority of both Houses of Parliament.
• It is important to note that these amendments are not considered constitutional amendments under Article 368.
• Examples of provisions that can be amended by a simple majority include:
  • Admission or establishment of new states (Article 2).
  • Formation of new states and alteration of areas, boundaries, or names of existing states (Article 3).
  • Abolition or creation of legislative councils in states (Article 169).
  • Changes to the Second Schedule (emoluments, allowances, privileges, etc. of President, Governors, Speakers, Judges, etc.).
  • Quorum in Parliament.
  • Salaries and allowances of Members of Parliament.
  • Rules of procedure in Parliament.
  • Use of English language in Parliament.
  • Citizenship acquisition and termination.
  • Elections to Parliament and state legislatures.
  • Delimitation of constituencies.
  • Union territories.
  • Provisions related to the Fifth Schedule (administration of scheduled areas and scheduled tribes).
  • Provisions related to the Sixth Schedule (administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram).

2. Amendment by Special Majority of Parliament

• Most provisions of the Constitution require a special majority for amendment under Article 368.
• A special majority means:
  • A majority of the total membership of each House (Lok Sabha and Rajya Sabha).
  • AND a majority of not less than two-thirds of the members of that House present and voting.
• The term 'total membership' refers to the total number of members comprising the House, irrespective of vacancies or absentees.
• This category covers the vast majority of constitutional provisions, including Fundamental Rights and Directive Principles of State Policy (DPSP).

3. Amendment by Special Majority of Parliament and Ratification by States

• Provisions related to the federal structure of the Constitution require not only a special majority in both Houses of Parliament but also ratification by at least half of the state legislatures.
• The states ratify the amendment by a simple majority of their respective legislative assemblies.
• There is no time limit within which the states must give their concurrence.
• Examples of provisions requiring this type of amendment include:
  • Election of the President.
  • Extent of the executive power of the Union and the states.
  • The Supreme Court and High Courts.
  • Distribution of legislative powers between the Union and the states.
  • Any of the lists in the Seventh Schedule (Union List, State List, Concurrent List).
  • Representation of states in Parliament.
  • The power of Parliament to amend the Constitution and its procedure (Article 368 itself).