Amendment of Indian Constitution

What Is the procedure of amendment to the Indian Constitution?

Answer (1)

Team Legistify

Team Legistify

  • Sector-1, Noida

For the purpose of amendment the various articles of the constitution are divided into three categories:-

1.    Amendment by simple Majority:- Articles that can be amended by the Parliament by a simple majority as that required for passing of any ordinary law. The amendments contemplated in Articles 5, 169 and 239A can be made by simple majority.  These articles are specifically excluded from the purview of the procedure prescribed in article 368.

2.    Amendment by special majority: - The article 368 also provides some articles which can be amended by a special majority. All constitutional amendments except article 5, 169 and 239A come within this category and must be effected by majority of the total membership of each House of Parliament as well as by a majority of not less than 2/3 of the members of that House present and voting.

3.    By special majority and Ratification by States:- Articles which require in addition to the special majority ratification by not less than ½ of the State Legislature. The states are given an important voice in the amendments of these matters. These are fundamental matters where states have power under the constitution.

Answered on 28 Sep 2018

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