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