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Procedure for Amendment in the Constitution

May 9, 2025

Procedure of Amendments

What is an Amendment?

  • The process of change or alteration in the constitution is called an amendment.
  • It is necessary as the social and political needs of society evolve with time.

Need for Amendments

  • The needs of society change over time.
  • It is necessary to update the constitution accordingly.

Nature of Amendments

  • The US constitution is rigid, making it difficult to bring amendments.
  • The UK constitution is flexible.
  • The Indian constitution is hybrid, neither too rigid nor too flexible.

Procedure of Amendments

  • Article 368: Grants Parliament the power to amend any part of the constitution.
  • The basic structure cannot be amended by Parliament.
  • The Keshavananda Bharati case established the concept of the basic structure.

Procedures to Bring an Amendment

  1. Special Majority
  2. Special Majority + Consent of States
  3. Simple Majority: Some changes can be made under these provisions.

Initiation of a Bill

  • A bill can be introduced by either House (Lok Sabha or Rajya Sabha).
  • It can be introduced by a minister or a private member.
  • It must be passed separately by both Houses.
  • After the President's signature, it becomes law.

Types of Amendments

  1. Changes brought by Simple Majority:

    • Creation of new states.
    • Changes in state boundaries and names.
    • Creation or dissolution of the Legislative Council.
    • Changes in salary and privileges.
    • Parliament's rules and procedures.
  2. Changes brought by Special Majority:

    • Changes in fundamental rights.
    • Changes in the DPSP.
  3. Special Majority + Consent of States:

    • Distribution of powers among states.
    • Changes related to the Supreme Court and High Courts.
    • Representation in Parliament's seats.

Other Important Points

  • The President must sign the amendment bill.
  • Consent of states is required for certain types of amendments.

Upcoming Video

  • The next video will discuss important constitutional amendments.