AMENDMENT OF THE

CONSTITUTION
WHY???
• 1ST CAA,1951

• 61ST CAA,1989

• 86th CAA,2002
• BLEND OF RIGIDITY AND FLEXIBILITY
 UNITED STATES BRITAIN
CONGRESS
BOTH HOUSES – 2/3RD MAJORITY

3/4TH STATE LEGISLATURE RATIFY ORDINARY PROCESS

• STATES
• 2/3RD STATES COME TOGETHER
 Types of amendments
• 3 ways

• Simple majority of parliament

• Special majority of parliament

• SM and consent of states.

 Article 368
• ‘Parliament may in exercise of its constituent power
• and by way of addition , variation or repeal any provision of the
constitution
• procedure laid down for the purpose’

• 1973,KB CASE
 PROCEDURE UNDER ARTICLE 368

• Can be initiated only by the introduction of a bill for

the purpose in either house of parliament.

• Either by a minister or private member.

• Does not require prior permission of president.

• Bill must be passed in each house by special majority.

 SPECIAL MAJORITY

MAJORITY OF TOTAL MEMBERSHIP OF HOUSE

AND
MAJORITY OF TWO-THIRDS OF THE MEMBERS OF
THE HOUSE PRESENT AND VOTING
• Each house must pass the bill separately and no provision
for joint sitting
• Amendment of federal provisions – ratification of half of
state legislatures by simple majority
• President must give assent.
 Simple majority
• Outside the scope of ARTICLE 368.
• Admission or establishment of new states
• Formation of new states and alteration of areas ,boundaries or
names of existing states
• Abolition OR creation of legislative councils in states
• Second schedule
• Quorum in parliament
• Salaries and allowances to MP
• Rules of procedure
• Use of English language in parliament
• Use of official language
• Conferment of more jurisdiction of SC
• Privileges of parliament , members, committees
• Citizenship-acquisition and termination
• Elections to parliament and state legislature
• Delimitation of constituencies
• UT
• Fifth schedule-administration of scheduled areas and scheduled
tribes
• 6th schedule- administration of tribal areas
 By special majority

• FUNDAMENTAL RIGHTS
• DPSP
• ALL OTHER PROVISIONS WHICH ARE NOT COVERED BY THE FIRST
AND THIRD CATEGORIES
 BY SPECIAL MAJORITY AND RATIFICATION
• Federal structure
• No time limit within which the states should give their consent to the
bill.
• Election of president and its manner
• Extent of the executive power of union and states
• 7th schedule
• Representation of states in parliament
• Supreme court and high court
• Article 368
• GST council
 ARTICLE 61
(total strength)
ARTICLE 249,312

(PRESENT AND VOTING)