Constitutional Amendments & types of Majority in Parliament

types of Majority in Parliament

• Article 368 in Part XX
• This article deals with the powers of Parliament to amend the Constitution and its procedure.
• Parliament may, amend by way of addition, variation or repeal any provision of the Constitution.
• It must be done in accordance with the procedure laid down for this purpose.
• Parliament cannot amend those provisions which form the ‘basic structure’ of the Constitution.

Procedure of Amendments of the Constitution

• An amendment to the Constitution can be initiated only by the introduction of a bill for the purpose in either House of Parliament.
• The bill can be introduced either by a minister or by a private member.
• It does not require prior permission of the president.
• The bill must be passed in each House by a special majority.
• Each House must pass the bill separately.
• In case of a disagreement between the two Houses, there is no provision for holding a joint sitting of the two Houses.
• If the bill seeks to amend the federal provisions of the Constitution, it must be passed by the Special Majority of Parliament & Consent of States.
• After duly passed by both Houses of Parliament and ratified by the state legislatures, where necessary, the bill is presented to the president for assent.
• The president must give his assent to the bill.
• He can neither withhold his assent to the bill nor return the bill for reconsideration of the Parliament.
• After the president’s assent, the bill becomes an Act (constitutional amendment act).

types of Majority in Parliament

Types of Majority for Amendments

• Article 368 provides for two types of amendments
• Some other articles provide for the amendment of certain provisions of the Constitution by a simple majority of Parliament
• Constitution can be amended in 3 ways:
  • Simple majority of the Parliament
  • Special majority of the Parliament
  • Special majority of the Parliament and the ratification of half of the state legislatures

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Simple Majority of Parliament

• Simple majority refers to more than 50% of the members present and voting.
• It is also called as or working majority.
• 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.
  • Admission or establishment of new states.
  • Formation of new states and alteration of areas, boundaries, or names of existing states.
  • Abolition or creation of legislative councils in states.
  • 2nd Schedule – emoluments, allowances, privileges, and so on of the president, the governors, the Speakers, judges, etc.
  • Quorum in Parliament.
  • Salaries and allowances of the members of Parliament.
  • Rules of procedure in Parliament.
  • Privileges of the Parliament, its members, and its committees.
  • Use of English language in Parliament.
  • Number of puisne judges in the Supreme Court.
  • Conferment of more jurisdiction on the Supreme Court.
  • Use of official language.
  • Citizenship – acquisition and termination.
  • Elections to Parliament and state legislatures.
  • Delimitation of constituencies.
  • Union territories.
  • 5th Schedule – administration of scheduled areas and scheduled tribes.
  • 6th Schedule – administration of tribal areas.

types of Majority in Parliament

Special Majority of Parliament

• Special majority needed both of the following
  • More than 50% of the total membership of a House.
  • A majority of 2/3rd of the members of that House present and voting.
• Most of the provisions in the Constitution need to be amended by a special majority of the Parliament.
  • Fundamental Rights
  • Directive Principles of State Policy
  • All other provisions which are not covered by the first and third categories

Special Majority of Parliament & Consent of States

• This type of amendment is related to the federal structure of the Indian constitution.
• Those provisions can be amended by both of following
  • Special majority of the Parliament
  • Consent of half of the state legislatures by a simple majority
• If one or some or all the remaining states take no 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.
• Federal structure provisions are
  • 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 7th Schedule.
  • Representation of states in Parliament.
  • Power of Parliament to amend the Constitution and its procedure (Article 368 itself).

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Other Types of Majority 

Absolute majority

• Absolute majority refers to more than 50% of the total membership of the house.
  • Total membership of Lok Sabha is 545.
  • Absolute majority in Lok Sabha means – 50% of 545 + 1 = 273
• Absolute majority is related to the formation of a government or to keep the confidence of the house at the Center and States.

Effective Majority

• It means more than 50% of the effective strength of the house.
• So, out of the total strength, we deduct the vacant seats.
• Indian Constitution mentions “all the then members”, which means the effective majority.
• The effective majority is used to remove
  • Vice-president in Rajya Sabha.
  • Speaker and Deputy speaker of Lok Sabha and State Legislative Assembly.

Notes

• 24th Constitutional Amendment Act of 1971 made it obligatory for the President to give his assent to a Constitutional Amendment Bill.