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17. Important Amendments of the Indian Constitution

The Article 368 provides for three types of amendments:

1. Amendment By A Simple Majority of the Parliament: 

These bills are passed by both Houses of Parliament by a simple majority of members present and voting.

2. Amendment By Special Majority of the Parliament:

The majority of the provisions in the Constitution needs to be amended by a special majority of the Parliament, that is, a majority (that is, more than 50 per cent) of the total membership of each House and a majority of two-thirds of the members of each House present and voting. The expression ‘total membership’ means the total number of members comprising the House irrespective of fact whether there are vacancies or absentees.

  • The provisions which can be amended by this way include:
  • Fundamental Rights
  • Directive Principles of State Policy
  • All other provisions which are not covered by the first and third categories.

3. Amendment By Special Majority of the Parliament and the Ratification of Half of the State Legislatures:

Those provisions of the Constitution which are related to the federal structure of the polity can be amended by a special majority of the Parliament and also with the consent of half of the state legislatures by a simple majority.

The provisions which can be amended by this way include:

  • Election of the President and its manner.
  • Extent of the executive power of the Union and the states.
  • Supreme Court and high courts.
  • Distribution of legislative powers between the Union and the states.
  • Any of the lists in the Seventh Schedule.
  • Representation of states in Parliament.
  • Power of Parliament to amend the Constitution and its procedure (Article 368 itself).

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