It was an easy question which you need to target in the exam and if you do not solve them then you are out of competition.
Note -After Watching the video you do not need to read Chapter
10 [Amendment of Constitution] of laxmikanth book because I have covered all
the aspects which you need for UPSC.
Why is this question asked?
Consider
the following statements :
1.
A bill amending the
Constitution requires a prior recommendation of the President of India.
2.
When a Constitution
Amendment Bill is presented to the President of India, it is obligatory
for the President of India to give his/her assent.
3.
A Constitution
Amendment Bill must be passed by both the Lok Sabha and the Rajya Sabha
by a special majority and there is no provision for joint sitting.
Which
of the statements given above are correct ?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1,2 and 3
Solution B
Basics of Amendment of
Constitution and its procedure
Why is an Amendment to the constitution needed?
To
adjust itself to changing conditions and needs.
Why is it said that Indian Constitution is neither
flexible nor rigid but a synthesis of both?
Because the procedure laid down for its amendment
is
neither as easy as in
Britain[Flexible] nor
as difficult as in USA[rigid].
Pre Fact
A.368
in part XX deals with the powers
of
Parliament to amend the Constitution and
its
procedure.[Only Article in Part XX is A.368]
What parliament can not amend?
Parliament
cannot amend those
provisions
which form the basic structure
of
the Constitution.
This was ruled by the Supreme Court in the Kesavananda Bharati case(1973)
Procedure
1. Bill
can be introduced in Either house.
2.Both
Minister & Private member[i.e any other MP]
can introduce it.
3.
Not Require prior permission from President
4. Special
Majority in Each house
😍💘 - Special Majority vs Simple Majority
expression
‘total membership’ means the total number of
members comprising the House irrespective of fact whether there are vacancies or absentees.
5.No provision for Joint sitting
6. If the bill seeks to amend the federal provisions of Constitution, it must also be ratified by the legislatures of half of the states by a Simple Majority.
7. President
Must give his assent - Neither Withhold nor return for reconsideration
Pre Specific -
Many people confuse it with the 42nd CAA,1976
24th
CAA,1971 made it made it
obligatory
for the President to give his assent to a
constitutional
Amendment Bill[CAB].
TYPES
The constitution can be amended in three ways:
(a) simple majority of the
Parliament,[Similar to Ordinary legislative process]
(b)
Amendment by a special majority of the Parliament, and
(c)
Amendment by a special majority of the Parliament and the
ratification
of half of the state legislatures [Simple Majority].
Note - Only b & c are amendment U/A 368
Amendment By Simple Majority of
Parliament
These
provisions include:
|
1. Admission or establishment of new states. |
A.2 |
|
2. Formation of new states and alteration of
areas, boundaries or names of existing states. |
A.3 |
|
3. Abolition or creation of legislative
councils in states. |
A.169 -- Always in the news |
|
4. Second Schedule–emoluments, allowances, privileges and so on of the president, the governors, the
Speakers, judges, etc. Link - Schedule - 5th & 6th Schedule---- Asked in pre 2022 |
Paisa |
|
5. Salaries and
allowances of the members of Parliament. |
A.169 |
|
6.Quorum in Parliament |
A.100 |
|
7. Rules of procedure in Parliament. 8. Privileges of the Parliament, its members
and its committees. 9. Use of English language in Parliament. |
Why - BC they are not that important and
related to the basic functioning of the parliament |
|
Citizenship–acquisition and termination. Delimitation of constituencies. Union territories.---Government of NCT of Delhi
(Amendment) Act, 2021 |
All were in News |
|
SC number of judges and Jurisdiction |
|
|
Elections to Parliament and state
legislatures. |
|
By Special Majority of Parliament
|
Pre |
majority of the provisions in the Constitution need to
be amended by a special majority |
Ex-
Amending FR [A.21A] and DPSP [A.39A]
By Special Majority of Parliament and Consent of
States
|
Code |
provisions of the Constitution which are
related to the federal
structure |
|
Election of the President
and its manner. |
President represent the Whole country |
|
The extent of the executive
power of the Union and the states. Distribution of
legislative powers between the Union and the states. Any of the lists in the Seventh Schedule. Goods and Services Tax Council[GST]--- 101 CAA,
2016--- Financial Federalism Representation of states in Parliament. Power of Parliament to amend the Constitution
and its procedure (Article 368 itself).---- To ensure
some govt. do not remove federalism, Democracy - etc --- basic structure |
federal structure |
|
Supreme
Court and high courts. |
Code - SC number of judges and Jurisdiction- need
simple Majority |
Criticism
no
provision for a special body like
Constitutional
Convention
(as in USA)
The power to initiate an amendment to the
Constitution lies
with
the Parliament. Hence, unlike in USA , the state
legislatures
cannot initiate any bill or proposal for amending
the
Constitution except in one case, that is, passing a
resolution
requesting the Parliament for the creation or
abolition
of legislative councils in the states.
Only
in few cases, the consent of the state
legislatures
is required and that too, only half of them, while
in
USA, it is three-fourths of the states
Constitution does not prescribe the time frame
within
which
the state legislatures should ratify or reject
no provision for holding a joint sitting
7.
The provisions relating to the amendment procedure are too
sketchy.
Hence, they leave a wide scope for taking the
matters
to the judiciary.
Conclusion
Despite
these defects, it cannot be denied that the process has
proved
to be simple and easy and has succeeded in meeting the
changed
needs and conditions.
It
strikes a good balance between flexibility and rigidity.
Let's Revise the Concept….
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