google.com, pub-1675275063806243, DIRECT, f08c47fec0942fa0 INDIAN POLITY AND INDIAN HISTORY : The blend of rigidity and flexibility in the procedure for amendment
Showing posts with label The blend of rigidity and flexibility in the procedure for amendment. Show all posts
Showing posts with label The blend of rigidity and flexibility in the procedure for amendment. Show all posts

Wednesday, 18 February 2015

The blend of rigidity and flexibility in the procedure for amendment

The procedure for amendment is ‘rigid’ in so far as it requires a special majority and a special procedure.
There is no separate body for amending the Constitution, as exists in some other countries (e.g., a Constitutional convention)

The State Legislatures cannot initiate any Bill or proposal for amendment of the constitution.
Subject to the provisions of Art. 368, Constitution Amendment Bills are to be passed by the Parliament in the same way as Ordinary Bills.

The procedure for joint session is not applicable to Bills for amendment of the constitution.

The Previous sanction of the President is not required for introducing any Bill for amendment of the Constitution.

The requirement relating to ratification by which the state Legislatures is more liberal than the corresponding provisions in the American constitution. The latter requires ratification by their fourths of the states.

The amendment of Art. 368 in 1971 has made it obligatory for the President to give his assent to a Bill for amendment of the Constitution. When it is presented to him after its passage by the Legislature {ref: 24th Amendment 1971}.

Whether Fundamental Rights are Amendable