All You Need To Know About Constitutional Amendment Bill

A bill that aims to amend certain provisions of the Constitution is known as a constitution amendment bill. The procedure for modifying the constitution is outlined in Part XX (Article 368) of the Indian Constitution. The president's prior consent is not necessary for a minister to file the bill, private members may also do so. This system upholds the integrity of the Indian Constitution and places restrictions on the Parliament's unchecked power. 

 

A bill that aims to alter one or more provisions of the Constitution is known as a constitutional amendment bill.

 

According to Article 368, "Parliament may amend the Constitution in any respect, including the Fundamental Rights, without impairing the 'basic structure' of the Constitution."

 

There are two types of modifications allowed under Article 368 of Part XX of the Indian Constitution.

 

•    By a special majority 

 

•    With the ratification of half the total number of states and a special majority in the Parliament

 

It does not need the President's previous approval, unlike a money bill or a financial measure.

 

It can be introduced to either House and needs a special majority in both for it to be approved.

 

There may be an impasse, but it cannot be resolved by a joint sitting.

 

The president must sign the legislation. S/He is not allowed to refuse to sign the law or send it back to Parliament for revision.

 

After receiving the president's approval, the bill is transformed into an Act (i.e., a constitutional amendment act), and the Constitution is modified to reflect the wording of the Act.

 

A constitutional amendment bill must receive the approval of at least half of the states if it deals with the division of powers between the Centre and the States.

 

The 24th Constitutional Amendment Act of 1971 stipulated that after our Constitutional Amendment Bill had been duly passed by the Houses, the president would provide his approval.

 

The Constitution (Scheduled Tribes) Order (Amendment), The Constitution (One Hundred and Twenty-Seventh Amendment), The Constitution (One Hundred Twenty-Sixth Amendment), and The Constitution (One Hundred Twenty-Seventh Amendment) Bill, to name a few. 

 

•    Absolute Majority: More than half the members of the House.

 

•    Simple Majority: The result of a vote cast by more than 50% of those in attendance.

 

•    Effective Strength is defined as Total Strength minus the number of vacancies, and an effective majority is the majority of the House's effective strength.

 

•    A special majority is a two-thirds vote of the members in attendance. 

 

Recently Parliament approved the Constitution (One Hundred and Twenty-Seventh Amendment) Bill, 2021, which restores the states' ability to create their own OBC lists. The rules regulating the amending process are not clear enough. They thereby give plenty of room for referral to the judiciary. Despite these drawbacks, it is impossible to contest that the process has shown to be simple and uncomplicated and that it has been successful in addressing the shifting needs and circumstances of society. 

 

The process is not too lax to allow the ruling parties to alter it as they like, nor is it too strict to prevent it from adapting to shifting demands.