The Indian Constitution is considered a blend of both flexible and rigid characteristics due to its amendment procedures. The process of amending the Constitution varies depending on the specific provisions being modified.
Types of Amendments:
Amendment by Special Majority of Parliament:
- Procedure: The Constitution can be amended by a special majority of each House of Parliament.
- Special Majority: This requires a majority of the total membership of each House and a majority of not less than two-thirds of the members present and voting.
- Application: Most parts of the Constitution, including the fundamental rights and directive principles, can be amended using this method.
Amendment by Special Majority of Parliament and Ratification by States:
- Procedure: Some constitutional provisions require a special majority in both Houses of Parliament, as well as ratification by the legislatures of at least half of the states.
- Application: This method is used for amendments that affect the federal structure of the Constitution, such as the distribution of legislative powers between the Centre and the States.
Amendment by Simple Majority of Parliament:
- Procedure: Certain amendments can be made by a simple majority of each House of Parliament, similar to the process used for ordinary legislation.
- Application: This method is used for amending specific provisions that are not considered amendments to the Constitution under Article 368. Examples include changes to the salaries of parliamentarians, parliamentary procedures, and election schedules.
Limitations on Amendments:
- Basic Structure Doctrine: In the landmark Kesavananda Bharati case (1973), the Supreme Court of India ruled that the Parliament cannot amend provisions that form the 'basic structure' of the Constitution. Although the Supreme Court did not provide a precise definition of the 'basic structure,' it includes fundamental principles such as secularism, democracy, the rule of law, and the separation of powers, among others.
Therefore, the Constitution can be amended in three ways:
(a) Amendment by simple majority of the Parliament,
(b) Amendment by special majority of the Parliament, and
(c) Amendment by special majority of the Parliament and the ratification of half of the state legislatures.
By Simple Majority of Parliament
A number of provisions in the Constitution can be amended by a simple majority of the two Houses of Parliament outside the scope of Article 368. These provisions include:
1. Admission or establishment of new states.
2. Formation of new states and alteration of areas, boundaries or names of existing states.
3. Abolition or creation of legislative councils in states.
4. Second Schedule–emoluments, allowances, privileges and so on of the president, the governors, the Speakers, judges, etc.
5. Quorum in Parliament.
6. Salaries and allowances of the members of Parliament.
7. Rules of procedure in Parliament.
8. Privileges of the Parliament, its members and its committees.
9. Use of English language in Parliament.
10. Number of puisne judges in the Supreme Court.
11. Conferment of more jurisdiction on the Supreme Court.
12. Use of official language.
13. Citizenship–acquisition and termination.
14. Elections to Parliament and state legislatures.
15. Delimitation of constituencies.
16. Union territories.
17. Fifth Schedule–administration of scheduled areas and scheduled tribes.
18. Sixth Schedule–administration of tribal areas.
60-62nd BPSC
Q. A Bill for the purpose of creating a new State in India must be passed by-
A. A simple majority in Parliament and ratification by not less than two-third of the States
B. A simple majority in Parliament
C. A two-third majority in Parliament and ratification by not less than two-third of the States
D. None of the above
43rd BPSC
Q. A separate Mithilanchal State carved out of Bihar can be made possible by –
A. Passing the legislation in State Assembly
B. Passing the ordinance by the Governor
C. Completing Constitutional formalities
D. None of the above