Question

Which of the following statements are correct regarding the amendment procedure of the Indian Constitution?

1. A constitutional amendment bill requires a special majority, defined as a majority of the total membership of each House and two-thirds of members present and voting.

2. Provisions like the use of official language or delimitation of constituencies can be amended by a simple majority in Parliament.

3. There is a time limit within which state legislatures must ratify a constitutional amendment bill affecting federal provisions.

• A. 1 and 2
• B. 1 and 3
• C. 2 and 3
• D. All are correct

Answer 1

Answer:

A. 1 and 2

Amendment Procedure of the Indian Constitution

• The procedure for amending the Indian Constitution is laid down in Article 368 of Part XX of the Constitution. India adopted its amendment procedure from the South African Constitution.

• The Constitution provides for three ways of amending its provisions, though Article 368 itself outlines only two:

  1. Amendment by Simple Majority of Parliament: These amendments are not considered constitutional amendments under Article 368. They can be passed by a simple majority (more than 50% of the members present and voting) in each House of Parliament.

  2. Amendment by Special Majority of Parliament: This is the most common method of amendment and is covered under Article 368.

  3. Amendment by Special Majority of Parliament and Ratification by Half of the State Legislatures: This method is reserved for provisions affecting the federal structure of the Constitution.

1. Amendment by Special Majority of Parliament (Article 368)

• A constitutional amendment bill can be introduced in either House of Parliament (Lok Sabha or Rajya Sabha).

• It does not require the prior permission of the President.

• The bill must be passed in each House by a special majority, which means:

  • A majority of the total membership of that House (i.e., more than 50% of the total strength of the House), AND

  • A majority of two-thirds of the members of that House present and voting.

• Each House must pass the bill separately; there is no provision for a joint sitting of both Houses to resolve a deadlock over a constitutional amendment bill.

• After being passed by both Houses, the bill is presented to the President, who must give his assent (he cannot withhold it or return the bill for reconsideration). The 24th Constitutional Amendment Act of 1971 made it obligatory for the President to give his assent.

2. Amendment by Simple Majority of Parliament

• 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.

  • Second Schedule provisions (emoluments, allowances, privileges, etc. of the 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.

  • Number of puisne judges in the Supreme Court.

  • Conferment of more jurisdiction on the Supreme Court.

  • Use of official language.

  • Citizenship (acquisition and termination).

  • Elections to Parliament and state legislatures.

  • Delimitation of constituencies.

  • Union Territories.

  • Fifth Schedule (administration of Scheduled Areas and Scheduled Tribes).

  • Sixth Schedule (administration of tribal areas).

• These changes are enacted through ordinary legislative process and are explicitly excluded from the definition of a 'constitutional amendment' under Article 368.

3. Amendment Requiring Ratification by States

• For certain provisions that affect the federal structure of the Constitution, in addition to the special majority in Parliament, the amendment bill must also be ratified by the legislatures of not less than one-half of the states.

• The state legislatures need to pass the bill by a simple majority.

• Crucially, the Constitution does not prescribe any time limit within which the state legislatures must ratify or reject the bill. Once half of the states ratify, the bill can be sent for Presidential assent.

• Examples of provisions requiring state ratification include:

  • Election of the President and its manner (Articles 54, 55).

  • Extent of the executive power of the Union and states.

  • Supreme Court and High Courts.

  • Distribution of legislative powers between the Union and the states.

  • Any of the lists in the Seventh Schedule.

  • Representation of states in Parliament.

  • The power of Parliament to amend the Constitution itself (Article 368).

Key Judicial Interpretations

• The Kesavananda Bharati v. State of Kerala (1973) case established the 'Basic Structure Doctrine', holding that Parliament, under Article 368, can amend any part of the Constitution, including Fundamental Rights, but cannot alter its 'basic structure'. This doctrine acts as a limitation on Parliament's amending power.