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Amendment Procedure and Basic Structure

The document discusses the amendment of the Indian Constitution, including the procedure for amendment and types of amendments. It also outlines the criticism of the amendment process and what constitutes the basic structure of the Constitution according to judicial decisions.

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Saloni Yadav
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17 views3 pages

Amendment Procedure and Basic Structure

The document discusses the amendment of the Indian Constitution, including the procedure for amendment and types of amendments. It also outlines the criticism of the amendment process and what constitutes the basic structure of the Constitution according to judicial decisions.

Uploaded by

Saloni Yadav
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

AMENDMENT OF THE CONSTITUTION

Overview :-

• Our Constitution is neither flexible nor rigid but mixture of both


• Art 368 Part 20 = Power of Parliament to amend constitution and its procedure
• “Kesavananda Bharati Case” = Parliament can’t amend the basic structure of constitution

Procedure of Amendment :-

• Bill introduce either house (Parliament State Legislature ) Pass special majority each house
If bill amend federal provisions then ratified by half of state legislature by simple majority President
assent Bill become act.

Types of Amendment :-
1. Simple majority = new state set up / alter boundaries of state / create or abolish legislative council / 2nd
schedule (Governor, President, Speaker etc. Ki allowances, privileges etc.) / Quorum / MP Salaries / use of
official language / Citizenship / Parliament or state legislature election / Delimitation / U.T’s / 6th Schedule
(tribal area administration) / 5th Schedule ( Schedule area or schedule tribe administration)
2. Special Majority = F.R. / DPSP
3. Special majority of Parliament and consent of states = President election / Executive power of union and
state / S.C / H.C. / GST council / 7th Schedule / State representation in Parliament / Art 368 itself.

Criticism :-

• No special body for amendment


• State legislature can’t do it
• Consent of state required only in few cases
• State legislature ratification no specified time
• No joint sitting
• No special procedure for amendment
• Too sketchy
BASIC STRUCTURE OF CONSTITUTION

What constitutes the basic structure of Constitution ?

• Supremacy of it
• Sovereign, Democratic and republic nature
• Secular character
• Separation of powers
• Federal character
• Unity integrity
• Welfare of state
• Judicial review
• Freedom and dignity of individual
• Parliamentary system
• Rule of law
• Harmony and balance b/w F.R. and DPSP
• Principle of Equality
• Free fair election
• Judiciary independence
• Parliament limited power to amend constitution
• Effective access to justice
• Essence of F.R.
• S.C. power under Art. 32,136,141,142
• H.C. power under Art. 226,227

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