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Amendment procedure

Amendment Procedure:

Introduction- constitution amendment means that whenever some change are made within the constitution, any change alter, add and repeal in the constitution of any provision or article is known as amendment of the constitution.

So What Is The Procedure Of Amendment?

The procedure of amendment given under article 368 in the constitution

There are three types of procedure:

  • Amendment by simple majority of parliament.
  • Amendment by special majority of parliament.
  • Amendment by special majority of the parliament and the ratification of at least half of the state legislature.

Simple Majority

In this procedure the bill is passed in each of house by the majority of the house is known as simple majority.

Special Majority

In this procedure the bill is passed in each of houses with the majority not less than two third of the member of that house present and voting after that the bill is presented to the president for the assent of the president.

Amendment by special majority of the parliament and the rectification of at least half of the state legislature

In This Procedure If Any Amendment Related With These Articles:

  • Article 54, 55, 73, 162, 241, 279A
  • Chapter 4 of Part 5, Chapter 5 of Part 6, Chapter 1 of Part 10, or
  • Any of the lists in the Seventh Schedule
  • The representation of the state in parliament
  • The provision of this article

Then we amended through this procedure the amendment shall also required to be ratified by the legislature of not less than one half of the state by resolution to that effect pass by those legislature before the bill making provision for such amendment is present to the president for assent .

Procedure Of Amendment
  1. The bill is introduced in either House of the parliament.
  2. The bill must be passed by the total majority in by the majority not less than two thirds of the people present and voting by both the houses. There is no provision of joint sitting if there is a disagreement between both the houses.
  3. After acquiring the majority, the bill is presented to the President who will then give his assent to the bill.

Doctrine Of Basic Structure

The constitution has to be changed at every interval of time. Our constitution is not appropriate for every time so every thing has need to change time to time so our constitution also so need to change time to time .

In the constitution under article 368 grand power to the parliament to amend whenever there is a necessity for the society. The article also laid down the procedure for amendment in detail and supreme court also ensure that the power of amendment is not misused by the parliament.

The supreme court recognised this concept for the first time in the historical case of Keshav nand Bharti v. States of Kerala in 1973

In this case the supreme court not give appropriate definition of basic structure but they suggest some elements of basic structures, some of them are as following:
  1. The supremacy of the constitution
  2. Republic and democratic form of government
  3. Secular character of the constitution
  4. Separation of power between the legislature, executive, and judiciary, etc.

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