What is the procedure for amending the Constitution of India as per Article 368, and how does it ensure both flexibility and rigidity in the constitutional framework? To
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The procedure for amending the Constitution of India is laid down in Article 368 of the Constitution, which states that any amendment to the Constitution can be initiated by either the Parliament or the State Legislature. The procedure for amendment is as follows:
Parliamentary Initiative
State Legislature Initiative
Ensuring Flexibility:
Article 368 in Part XX of the indian constitution deals with the procedure for amending the constitution. In accordance with this article, the power of amending the constitution lies with the parliament. For this purpose, a bill can be introduced in either house of the parliament. While some bills can be passed through a simple majority(which are outside the scope of Article 368), majority of the provisions in the constitution require a special majority to be amended that is, a majority of total membership of each house and a majority of two-thirds of the members of each House present and voting-Fundamental rights etc. can be amended through such a majority. If a bill seeks to amend federal provisions of constitution, it must also be ratified by the legislatures of half of the states by simple majority. It is important that each house must pass any bill for such purpose separately. After duly passed by both the houses of parliament and ratified by state legislatures where necessary, the bill is presented to president for assent. If he gives assent only then a bill becomes an act and amendment of constitution happens.
This article helps in ensuring the balance of flexibility and rigidity in India’s Constitution. It allows for amendments by a special majority in Parliament for most aspects, enabling adaptation. However, certain core features like federalism require additional hurdles, like state approval, for change. This ensures the Constitution’s basic structure remains intact while allowing for necessary evolution.