Describe the procedure for modifying the Indian Constitution according to Article 368. What are the distinct processes for changing the various sections of the Constitution, and why do these procedures differ?
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The process of amending the Constitution of India is outlined in Article 368. The Indian Constitution provides for a flexible amendment procedure, with varying degrees of difficulty for amending different parts of the Constitution. This is to ensure that the fundamental structure and core principles of the Constitution are protected, while also allowing for necessary changes to be made.
There are two primary procedures for amending the Constitution:
Simple Majority Amendment:
This procedure applies to the majority of the provisions in the Constitution.
An amendment can be initiated in either house of Parliament.
The amendment bill must be passed by a simple majority (more than 50%) of the total membership of each house of Parliament and by a majority of not less than two-thirds of the members of each house present and voting.
This amendment process is relatively straightforward and allows for necessary changes to the Constitution to be made.
Special Majority Amendment:
This procedure applies to specific parts of the Constitution, such as the provisions related to the federal structure of the government, the representation of states in Parliament, and the powers of the Supreme Court and High Courts.
An amendment bill must be passed by a special majority of the Parliament, which requires a majority of the total membership of each house and a majority of not less than two-thirds of the members of each house present and voting.
Additionally, such an amendment must be ratified by the legislatures of not less than one-half of the states.
This more stringent amendment procedure is in place to protect the basic structure and federal nature of the Indian Constitution.
The rationale behind these varying amendment procedures is to strike a balance between flexibility and stability. The simple majority amendment process allows for necessary changes to the Constitution, while the special majority amendment process ensures that the fundamental features and core principles of the Constitution are not easily altered.
The special majority amendment procedure is designed to make it more difficult to amend certain critical parts of the Constitution, such as those related to the federal structure and the powers of the judiciary. This is to prevent the concentration of power and to safeguard the core principles of the Constitution, which are crucial for the effective functioning of the Indian democratic system.
By having these different amendment procedures, the Constitution aims to maintain a balance between the need for change and the need for stability, ensuring that the Constitution remains responsive to the evolving needs of the country while also preserving its core values and principles.
Article 368 of the Indian Constitution outlines the process for amending the Constitution. Here are the key steps involved:
Introduction of the Bill: An amendment bill can be introduced in either House of Parliament (Lok Sabha or Rajya Sabha). It must be introduced as a private member’s bill or by a minister.
Passage in Each House: The bill must be passed in each House by a majority of the total membership and by a majority of not less than two-thirds of the members present and voting.
President’s Assent: Once the bill is passed by both Houses, it is presented to the President for his assent. The President must give his assent to the bill, after which it becomes an amendment to the Constitution.
Special Provisions: If the amendment seeks to make changes in specific provisions, such as federal structure aspects, it must be ratified by at least half of the State Legislatures before it is presented to the President for his assent. This includes amendments related to:
The election of the President
The 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
Representation of States in Parliament
Article 368 itself
This process ensures that any change to the Constitution is made with broad consensus and reflects the federal nature of the Indian polity.