Article 368 provides for two types of
amendments, that is, by a special majority of Parliament and also through the
ratification of half of the states by a simple majority. But some other
articles provide for the amendment of certain provisions of the Constitution by
a simple majority of Parliament, that is, a majority of the members of each
House present and voting (simpler to the ordinary legislative process.)
Notably, these amendments are not deemed to be amendments of the Constitution
for the purposes of Article 368.
Therefore, the Constitution can be amended
in three ways:
(a)
Amendment by simple majority of the parliament.
(b)
Amendment by special majority of the parliament
and
(c)
Amendment by special majority of the Parliament
and the ratification of half of the state legislatures.
By Simple majority of
Parliament
A number of provisions in the Constitution can be amended by
a simple majority of the two Houses of Parliament outside the scope of Article
368. These provisions include:
1.
Admission or establishment of new states.
2.
Formation of new states and alteration of areas,
boundaries or names of existing states.
3.
Abolition or creation of legislative councils in
states.
4.
Second Schedule- emoluments, allowances,
privileges and so on of the president, the governors, the Speakers judges, etc.
5.
Quorum in Parliament.
6.
Salaries and allowances of the members of
Parliament.
7.
Rules of procedure in Parliament.
8.
Privileges of the Parliament, its members and
its committees.
9.
Use of English language in Parliament.
10.
Number of puisne judges in the Supreme Court.
11.
Conferment of more jurisdictions on the Supreme
Court.
12.
Use of official language.
13.
Citizenship- acquisition and termination.
14.
Elections of Parliament and state legislatures.
15.
Delimitation of constituencies.
16.
Union territories.
17.
Fifth Schedule- administration of schedules
areas and scheduled tribes.
18.
Sixth Schedule- administration of tribal areas.
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