Methods of Amendment

Methods of Amendment

By simple majority of the Parliament: Amendments in this category can be made by a simple majority of members present and voting, before sending them for the President's assent.

By special majority of the Parliament: Amendments can be made in this category by a two - third majority of the total number of members present and voting, which should not be less than half of the total membership of the house.

By special majority of the Parliament and ratification of at least half of the state legislatures by special majority: After this, it is sent to the President for his assent.

On paper, an amendment to the Constitution is an extremely difficult affair, and normally needs at least two-thirds of the Lok Sabha and Rajya Sabha to pass it. However, the Constitution of India is one of the most frequently amended Constitutions in the world. Many matters that would be dealt with by ordinary statutes in most democracies must be dealt with by Constitutional amendment in India due to the document's extraordinary detail. The first amendment came only a year after the adoption of the Constitution and instituted numerous minor changes. Many more amendments followed, at a rate of almost two amendments per year since 1950. Most of the Constitution can be amended after a quorum of more than half of the members of each house in Parliament passes an amendment with a two-thirds majority vote. Articles pertaining to the distribution of legislative authority between Union and State governments must also be approved by fifty percent of State legislatures.

In 1974, the Supreme Court of India in the landmark case of Kesavananda Bharati vs. the State of Kerala enunciated the Basic Structure Doctrine, which expanded the scope of judicial review to include the power to review Constitutional Amendments passed by the Legislature. Using this doctrine, the Supreme Court has struck down the 39th Amendment and parts of the 42nd Amendment as being violative of the Basic Structure of the Constitution. Some noted authors of Constitutional law, such as HM Seervai have argued that this is an usurpation of amending power by the judiciary, which was never intended by the framers of the Constitution. However, it can be argued that this doctrine is necessary to protect human rights from being abrogated simply by Constitutional amendment.

Sample Questions

(More Questions for each concept available in Login)

Question : 1

Which of the following signs the Amendment bill,when majority of the total number of members of Parliament present and voting is done ?
A. President	B. Vice President	C. Prime minister	D. Governor
Right Option : A
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Question : 2

Which of the following are correct : (a) On paper, an amendment to the Constitution is an extremely difficult affair, and normally needs at least two-thirds of the Lok Sabha and Rajya Sabha to pass it. (b) Amendments can be made in the special majority category by a two - third majority of the total number of members present and voting.
A. Only (a) is correct.	B. Only (b) is correct.	C. Both (a) and (b) are correct.	D. None of these.
Right Option : C
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Question : 3

In which of the following year, there was a case between Kesavananda Bharati and the State of Kerala ?
A. 1960	B. 1969	C. 1974	D. 1981
Right Option : C
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