• Thabshira Sahanath

Is Amendment of Indian Constitution a rigmarole?

Amendment of the Constitution of India refers to the process of changing the nation's fundamental law. The Constitution of our country provides a distinguishing process for amendment when compared to other countries. The procedure of amendment is mentioned in Article 368 of the Indian Constitution. An amendment can be put forward either by the Congress with a two-thirds majority vote in both the Houses of Parliament or by a constitutional convention called for by two-thirds of State Legislatures. The concept of amendment of Constitution was borrowed from South Africa. There have been 104 constitutional amendments in India up to January 2020. There are 3 types of amendment:

  1. Amendment by a simple majority in Parliament.

  2. Amendment by a special majority in Parliament.

  3. Amendment by the special majority in Parliament and ratification by at least one-half of the State Legislatures.

An amendment is initiated by introducing a bill of purpose in either house of the parliament by a minister or a private member which may not require prior permission of the President. The bill must be passed in each House separately with a majority of total members of the house and a two-thirds majority of present and voting. In case of disagreement between houses, there is no provision for a joint sitting. After duly passed by both the houses the bill is sent to the President for assent, following it becomes an act.

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