What is the procedure to amend the Indian Constitution?
Q. Which of the following is/are true?
1) 26th Constitutional Amendment Act of 1971 made it obligatory for president o give assent to a constitutional amendment bill.
2) Part 20 of the constitution deals with procedure for its amendment.- Published on 23 Feb 17a. Only 1
b. Only 2
c. Both 1 and 2
d. Neither 1 nor 2
ANSWER: Only 2
- The procedure laid down for Indian Constitution’s amendment is neither as easy (flexible) as in Britain nor as rigid as in USA.
- It is a mix of both.
- Article 368 in Part XX of the Constitution deals with the powers of Parliament to amend the Constitution and its procedure.
- It states that the Parliament may, in exercise of its constituent power, amend by way of addition, variation or repeal any provision of the Constitution in accordance with the procedure laid down for the purpose
- However, the Parliament cannot amend those provisions which form the ‘basic structure’ of the Constitution. This was ruled by the Supreme Court in the Kesavananda Bharati case1 (1973).
Procedure for Amendment -
1. An amendment of the Constitution can be initiated only by the introduction of a bill for the purpose in either House of Parliament and not in the state legislatures.
2. The bill can be introduced either by a minister or by a private member and does not require prior permission of the president.
3. The bill must be passed in each House by a special majority, that is, a majority (more than 50 per cent) of the total membership of the House and a majority of two-thirds of the members of the House present and voting.
4. Each House must pass the bill separately.
5. In case of a disagreement between the two Houses,there is no provision for holding a joint sitting of the two Houses for the purpose of discussion and passage of the bill.
6. If the bill seeks to amend the federal provisions of the Constitution, it must also be ratified by the legislatures of half of the states by a simple majority, that is, a majority of the members of the House present and voting.
7. After duly passed by both the Houses of Parliament and ratified by the state legislatures,where necessary, the bill is presented to the president for assent.
8. The president must give his assent to the bill. He can neither withhold his assent to the bill nor return the bill for reconsideration of the Parliament. 24th Constitutional Amendment Act of 1971 made this obligatory.
9. After president’s assent, the bill becomes an Act and the Constitution stands amended in accordance with the terms of the Act.
