The majority of the provisions in the constitution need 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.
‘ Strictly speaking , the special majority is required only
for voting at the third reading stage of the bill but by way of abundant
caution the requirement for special majority has been provided for in the rules
of the Houses in respect of all the effective stage of the bill’³.
The provisions which can be amended by this way includes:
(i) Fundamental Rights; (ii) directive Principles of State Policy; and (iii)
All other provisions which are not covered by the first and third categories.
By special Majority
of Parliament and consent of States
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 consent of half of the state legislatures by a simple
majority. If one or some or all the reaming states take on action on the bill,
it does not matter; the moment half of the states give their consent, the
formality is completed. There is no time limit within which the states should
give their consent to the bill.
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