Basics
- Article 368 in Part XX of the Constitution deals with the powers of Parliament to amend the Constitution and its procedure.
- The provisions for amendments are sourced from the Constitution of South Africa.
Procedure for Amendment
- A Constitutional amendment bill can be initiated in either house of parliament.
- The bill can be introduced either by a minister or by a private member and does not require prior permission of the president.
- The bill must be passed in each House by a special majority.
- Each House must pass the bill separately and there is no provision for joint sitting.
- If the bill seeks to amend the federal provisions of the Constitution, it must also be ratified by the legislatures of half of the states by a simple majority then the bill is presented for President’s assent.
- President e can neither withhold his assent to the bill nor return the bill for reconsideration of the Parliament , then the president gives assent.
Types of Amendments
| Amendment by simple majority of the Parliament | Amendment by special majority of the Parliament | Amendment by special majority of the Parliament and the ratification of half of the state legislatures |
| Admission or establishment of new states | Fundamental Rights | Election of the President and its manner |
| Formation of new states and alteration of areas, boundaries or names of existing states | Directive Principles of State Policy | Extent of the executive power of the Union and the states |
| Abolition or creation of legislative councils in states | All other provisions which are not covered by the other categories | Supreme Court and high courts |
| Second Schedule | Distribution of legislative powers between the Union and the states | |
| Quorum in Parliament | Goods and Services Tax Council | |
| Salaries and allowances of the members of Parliament | Any of the lists in the Seventh Schedule | |
| Rules of procedure in Parliament | Representation of states in Parliament | |
| Privileges of the Parliament, its members and its committees | Article 368 itself | |
| Use of English language in Parliament | ||
| Number of puisne judges in the Supreme Court | ||
| Conferment of more jurisdiction on the Supreme Court | ||
| Use of official language | ||
| Citizenship–acquisition and termination | ||
| Elections to Parliament and state legislatures | ||
| Delimitation of constituencies | ||
| Union territories | ||
| Fifth schedule | ||
| Sixth schedule |
- Note: The provision for amendment by special majority and amendment by special majority of the Parliament and the ratification of half of the state legislatures is mentioned under Article 368.