Amendment Process

By Simple Majority

 

 About two dozen articles needs just simple majority and the assent of the President to bring an amendment in the Constitution. 

 

For example: 

 

  • Eligibility for citizenship o Remuneration for the Supreme Court and the High Court Judges.  o Creation or abolition of the Legislative Council of the State.  o Creation of a new State increasing or decreasing the areas of a State. 
  • Changing the name of the state or abolition of a state in  complete and its assimilation with another state or states.

 

By Special Majority 

 

  • The bill should be passed by both the Houses, of the Parliament with a special majority of 2/3rd of its member present and voting and the majority of the total strength of the house. 
  • Then it has to receive the confirmation of the President. 
  • The Amendment Bill can be brought in either of the two House of the Parliament.

 

By special majority & Ratification of State Legislature

 

  • The third procedure is similar to the second with the addition of one more clause that is the passed bill should be ratified by at least half of the state of legislatures in the country. 
  • The third procedure was deemed necessary by the Constitution makers for they thought that the representative of the provincial government would hardly agree to a Constitution, which can be amended without states playing any role event for subjects that concern them. 
  • In addition, it would have violated the principle of Federation if the change governing the Centre-state relations had been without state consent. 
  • Through this procedure viz. ratification by state legislature the following provisions of the Constitution can be amended. 
    • Art 54 election of the President. 
    • Article-55-election procedure of the President. 
    • Article 73-expansion of the executive power of the Union and State respectively  §      Article241 & Chapter 5 of Part VI High Court of Union Territories of State  respectively. 
    • Legislature relations between Centre and the States. 
    • Any subject under Schedule VII. 
    • States representation in the Parliament. 

Article-368 itself to bring changes in the procedures of Amendment