Amendment of the Constitution @CaptainsDugout

Article 368 of Part XX

 The Constitution is a living entity. Always evolving and always adjusting.
 Power to amend lies with the Parliament.
 Exception: Basic Features of the Indian constitution (Kesavananda Bharati case)
 Procedure for amendment of the Constitution: Borrowed from South Africa
 Amend by way of addition, variation or repeal (CSP24)
 Can be amended in three ways –
Simple Majority of the Parliament Special Majority of the Parliament Special Majority of Parliament + Consent of States
 Outside the purview Article 368  Under Article 368  Under Article 368
 More than 50% of members Present & Voting  Majority (>50%) of total strength of that house (272) +  Special Majority of the Parliament + Rati ication of half the state
 Similar to the ordinary law-making process. Majority of 2/3rd of the member present & voting. legislature. Federal provisions are amended using this process.
 Union Territories; Citizenship  Fundamental Rights  Article 368
 2nd, 5th and 6th Schedule  DPSP  54 - Election of the President and its manner (55)
2 – Admission or establishment of new states.  Any other provisions not covered under other two types  Extent of executive power of the Union (73) and the states (162)
3 – Formation of new states and alteration of areas, boundaries or name  Matters concerning the Supreme Court and High Courts (241)
of existing states.  Distribution of legislative powers between the Union & the states
 Elections to parliament and state legislatures
 Seventh Schedule (3 lists) – Art. 246
82 – Delimitation of Constituencies.
100 - Quorum in Parliament  Representation of states in Parliament
105 - Privileges of parliament, its members and committees.  279A - GST Council
106 - Salaries & allowances of members of the parliament  Amendments by this type of majority - 3, 6, 7, 8, 13, 14, 15, 16, 22,
118 - Rules of procedure in Parliament 23, 24, 25, 28, 30, 31, 32, 35, 36, 38, 39, 42, 43, 44, 45, 46, 51, 54,
138 - Conferment of more jurisdiction to SC 61, 62, 70, 73, 74, 75, 79, 84, 88, 95, 99, 101, 104, 105 and 106.
169 – Abolition or creation of legislative councils in states.
343 - Use of of icial language
 Use of English in Parliament
 Number of puisne judges in SC

PROCEDURE FOR AMENDMENT (ARTICLE 368)

Total Strength – maximum number of members of that house. Lok
Introduction of bill Any member of Either house of parliament (Lok Sabha or Rajya Sabha) Sabha currently 543.
Prior approval of President Not needed Effective Strength – actual number of members who are currently
Type of Majority needed Special Majority serving or holding seats.
Bill in houses Both the houses need to pass the bill with a special majority. Simple Majority – More than 50% of members Present & Voting
Joint sitting No provision exists. Both houses need to pass the bill separately. Absolute Majority – more than 50% of total strength of that house (272)
Amendment of federal provisions Special majority + rati ication by the legislatures of half of the states by a simple majority. (❌ time) Effective Majority – more than 50% of effective strength of that house
Assent to the bill President must give his assent i.e. Obligatory for the President to give his assent. (24th CAA,1971) Special Majority (Under Art61) - 2/3rd of Total strength of House (Prez)
Role of State Legislature No role. Cannot introduce such a bill.
Special Majority (Under Art 249 & 312) - 2/3rd of Present & Voting
 COMPREHENSIVE TABLE ON MAJORITY
Type of Majority De inition Used In Example Calculation (Lok Sabha - 543 Seats)
Total Members = 543
>50% of the Total strength of
Absolute Majority  Some amendments require Absolute Majority along with a Special Majority (2/3rd of Present & Voting). Absolute Majority = 543 × 50% + 1
the House
= 272 Members
 Removal of Chairman, i.e., Vice President of India in Rajya Sabha 67(a) Vacant Seats = 10
>50% of the Effective strength  Removal of Deputy Chairman in the Rajya Sabha - 90(c) Effective Members = 543 - 10 = 533
Effective Majority (then)
of the House  Removal of Speaker & Deputy Speaker 94(c) of the Lok Sabha & State Legislatures (179) Effective Majority = 533 × 50% + 1
= 267 Members
 To authorise the passage of Money Bills (110), Financial Bills (117), or Ordinary Bills (107)
 To pass an Adjournment Motion, Con idence Motion, No-Con idence Motion, Censure Motion, and Motion of Thanks.
 Removal of Vice-President in Lok Sabha. 67(b)
 To declare the President’s Rule. (356) Absent Members = 100
>50% of the Members  To declare a Financial Emergency. (360)
Simple Majority Present & Voting = 533 - 100 = 433
Present & Voting  To elect the Speaker & Deputy Speaker of the Lok Sabha. (93) Simple Majority = 433 × 50% + 1 = 217 Members
 Election of Deputy Chairman of the Rajya Sabha. (89(2))
 Passing of a resolution by the Lok Sabha for disapproving the continuance of the National Emergency. (352(4))
 A Constitutional Amendment Bill requiring rati ication by the states requires only Simple Majority in the State Legislatures. (368(2))

Special Majority 2/3rd of the Total strength of

 Impeachment of the President Impeachment Majority = 543 × (2/3) = 362 Member
(Article 61) the House
 A Rajya Sabha Resolution to empower Parliament to make laws for matters listed under the State List. (249)
Special Majority
2/3rd of Present & Voting  Recommendation for the creation of new All India Services. (312) Special Majority = 433 × (2/3) = 289 Members
(249 and 312)

 Removing Supreme Court 124(4) / High Court Judges by the Parliament. (217)
2/3rd of Present & Voting +  Removing the CAG (148) or Chief Election Commissioner324(5) or State Election Commissioner 243(k) Special Majority = 433 × (2/3) = 289 Members
Special Majority (Article 368) Absolute Majority  A resolution by the State Legislature for the abolition or creation of the Legislative Council. (169) Must also meet Absolute Majority = 272 Members
(whichever is higher)
 Parliamentary approval of the proclamation of National Emergency. 352(4)

2/3rd of Present & Voting +

Absolute Majority + Special Majority = 433 × (2/3) = 289 Members
Special Majority (Article 368)
Rati ied by ≥ ½ of the State  Passing a Constitutional Amendment Bill that affects Centre-State Relations. 368(2) + Rati ied by ≥½ of the State Legislatures by Simple
⍟ Affects Federal Structure
Legislatures by Simple Majority
Majority (No time limit)