INDIAN CONSTITUTION,IN ORDER TO ADAPT WITH THE CHANGING CONDITION,AMENDMENT ARE POSSIBLE.
ARTICLE 368 OF THE CONSTITUTION DEAL WITH THE AMENDMENT OF THE CONSTITUTION.
IT SAYS THAT BASIC STRUCTUTRE OF THE CONSTITUTION CAN NEVER BE CHANGED.
THIS WAS THE DECISION OF THE SUPREME COURT IN KESHWANAND CASE IN 1973.
PROCEDURE OF THE AMENDMENT::
AN AMENDMENT IN THE CONSTITUTION CAN BE DONE IF IT IS PRESENTED IN ANY HOUSE OF THE PARLIAMENT AND NOT IN THE LEGISLATURE.
AN BILL CAN BE PRESENTED IN THE PARLIAMENT BY ANY PRIVATE MEMBER OR MINISTER AND IT DOESN'T REQUIRE ANY PRIOR PERMISSION OF THE PRESIDENT.
A BILL CAN BE PASSED IN THE PARLIAMENT IF THERE IS 50% OF THE MAJORITY OF THE ATTENDENCE IN THE PARLIAMENT AND OUT OF WHICH THE PASSING MAJORITY IS 2/3 OF THE MAJORITY.i.e 66% OF THE MEMBER PRESENT.
EACH HOUSE MUST PASS THE BILL SEPERATELY AND IN THE CASE OF DISAGREEMENT,THERE IS NO PROVISION OF JOINT SITTING OF THE PARLIAMENT.
IF THE BILL IS NEEDED TO SEEK THE CHANGE IN FEDERAL PROVISION OF THE PARLIAMENT,THEN THERE MUST BE 50% LEGISLATURE APPROVAL OF THE STATE AS WELL.
AFTER THE PASSING OF THE BILL BY BOTH THE HOUSES OF THE PARLIAMENT AND IF NECCESSARY,50 % OF THE LEGISLATURE APPROVAL BY THE STATE,THE BILL IS PRESENTED BEFORE THE PRESIDENT FOR HIS ASSENT.
THE PRESIDENT MUST GIVE THE APPROVAL TO THE BILL.
HE CAN NEITHER WITHHOLD THE ASSENT NOR RESEND THE BILL TO THE PARLIAMENT FOR RECONSIDERATION.
AFTER THE PRESIDENT ASSENT TO THE BILL,THE BILL BECOMES THE ACT.
TYPES OF AMENDMENT::::
AN AMENDMENT IN THE PARLIAMENT CAN BE PASSED IN THREE WAYS::::
1)FIRST TYPE IS SIMPLE MAJORITY OF THE PARLIAMENT.
2)SECOND IS THE SPECIAL MAJORITY OF THE PARLIAMENT.
3)THIRD IS THE SPECIAL MAJORITY OF THE PARLIAMENT AND 50% RATIFICATION OF THE STATES.
THE PROVISION WHICH CAN BE DONE BY FIRST TYPE OF AMENDMENT ARE ::::
CREATION OF NEW STATE,
ALTERNATION OF BOUNDARIES OF THE STATES.
ABOLITION OR CREATION OF LEGISLATIVE ASSEMBLY IN THE STATE.
EMOLUMENT OF PRESIDENT,JUDGES,SPEAKERS ETC.
SALARIES OF PARLIAMENT MEMBER.
USE OF OFFICIAL LANGUAGE.
USE OF ENGLISH IN THE PARLIAMENT.
THE AMENDMENT THAT CAN BE DONE BY SECOND TYPE OF AMENDMENT ARE::::
FUNDAMENTAL RIGHT
FUNDAMENTAL DUTIES AND ALL OTHER PROVISION THAT ARE NOT DESCRIBE IN FIRST AND THIRD.
THE AMENDMENT THAT CAN BE DONE IN THE THIRD TYPE OF AMENDMENT ARE::::
ELECTION OF PRESIDENT
REPRESENTATION OF STATE IN PARLIAMENT.
SUPREMENT COURT JUDGES
ARTICLE 368 ITSELF i.e TO AMEND THE CONSTITUTION
EXTENT OF EXECUTIVE POWER OF UNION AND STATES .
ARTICLE 368 OF THE CONSTITUTION DEAL WITH THE AMENDMENT OF THE CONSTITUTION.
IT SAYS THAT BASIC STRUCTUTRE OF THE CONSTITUTION CAN NEVER BE CHANGED.
THIS WAS THE DECISION OF THE SUPREME COURT IN KESHWANAND CASE IN 1973.
PROCEDURE OF THE AMENDMENT::
AN AMENDMENT IN THE CONSTITUTION CAN BE DONE IF IT IS PRESENTED IN ANY HOUSE OF THE PARLIAMENT AND NOT IN THE LEGISLATURE.
AN BILL CAN BE PRESENTED IN THE PARLIAMENT BY ANY PRIVATE MEMBER OR MINISTER AND IT DOESN'T REQUIRE ANY PRIOR PERMISSION OF THE PRESIDENT.
A BILL CAN BE PASSED IN THE PARLIAMENT IF THERE IS 50% OF THE MAJORITY OF THE ATTENDENCE IN THE PARLIAMENT AND OUT OF WHICH THE PASSING MAJORITY IS 2/3 OF THE MAJORITY.i.e 66% OF THE MEMBER PRESENT.
EACH HOUSE MUST PASS THE BILL SEPERATELY AND IN THE CASE OF DISAGREEMENT,THERE IS NO PROVISION OF JOINT SITTING OF THE PARLIAMENT.
IF THE BILL IS NEEDED TO SEEK THE CHANGE IN FEDERAL PROVISION OF THE PARLIAMENT,THEN THERE MUST BE 50% LEGISLATURE APPROVAL OF THE STATE AS WELL.
AFTER THE PASSING OF THE BILL BY BOTH THE HOUSES OF THE PARLIAMENT AND IF NECCESSARY,50 % OF THE LEGISLATURE APPROVAL BY THE STATE,THE BILL IS PRESENTED BEFORE THE PRESIDENT FOR HIS ASSENT.
THE PRESIDENT MUST GIVE THE APPROVAL TO THE BILL.
HE CAN NEITHER WITHHOLD THE ASSENT NOR RESEND THE BILL TO THE PARLIAMENT FOR RECONSIDERATION.
AFTER THE PRESIDENT ASSENT TO THE BILL,THE BILL BECOMES THE ACT.
TYPES OF AMENDMENT::::
AN AMENDMENT IN THE PARLIAMENT CAN BE PASSED IN THREE WAYS::::
1)FIRST TYPE IS SIMPLE MAJORITY OF THE PARLIAMENT.
2)SECOND IS THE SPECIAL MAJORITY OF THE PARLIAMENT.
3)THIRD IS THE SPECIAL MAJORITY OF THE PARLIAMENT AND 50% RATIFICATION OF THE STATES.
THE PROVISION WHICH CAN BE DONE BY FIRST TYPE OF AMENDMENT ARE ::::
CREATION OF NEW STATE,
ALTERNATION OF BOUNDARIES OF THE STATES.
ABOLITION OR CREATION OF LEGISLATIVE ASSEMBLY IN THE STATE.
EMOLUMENT OF PRESIDENT,JUDGES,SPEAKERS ETC.
SALARIES OF PARLIAMENT MEMBER.
USE OF OFFICIAL LANGUAGE.
USE OF ENGLISH IN THE PARLIAMENT.
THE AMENDMENT THAT CAN BE DONE BY SECOND TYPE OF AMENDMENT ARE::::
FUNDAMENTAL RIGHT
FUNDAMENTAL DUTIES AND ALL OTHER PROVISION THAT ARE NOT DESCRIBE IN FIRST AND THIRD.
THE AMENDMENT THAT CAN BE DONE IN THE THIRD TYPE OF AMENDMENT ARE::::
ELECTION OF PRESIDENT
REPRESENTATION OF STATE IN PARLIAMENT.
SUPREMENT COURT JUDGES
ARTICLE 368 ITSELF i.e TO AMEND THE CONSTITUTION
EXTENT OF EXECUTIVE POWER OF UNION AND STATES .
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