Constitution: As A Living Document
Explain the reason for requiring special majority for amending the Constitution.
Amendment to the Constitution requires two different kinds of special majorities; in the first place, those voting in favour of the amendment bill should constitute at least half of the total strength of that House. Secondly, the supporters of the amendment bill must also constitute two-third of those who actually take part in voting. Both the Houses of Parliament must pass the amendment bill separately. This special majority is required for the reason that it would need at least some opposition parties into confidence so that the amending procedure is based on the basic principle that it should be based on broad support among the political parties and parliamentarians. In respect of the articles related to distribution of powers between the Centre and States or articles related to representation, it is necessary that the States must be consulted. The powers of the State must not be at the mercy of the Central government. The constitution has ensured this by providing that legislatures of half of the States have to pass such an amendment bill. The articles related to federal structure, provisions about Fundamental Rights, are also amended in this manner. Thus through wide consensus and limited participation of the States, the Constitution of India can be amended. Only half of the States is required due to the reason that the framers of the Constitution were most careful to keep this procedure somewhat flexible even in its more rigid format; consent of only half the States and simple majority of the State legislature is sufficient.
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Explain the term fraternity.
What is meant by the term 'Republic' as given in the Preamble of Indian Constitution?
Write a short note on the word ‘Democratic’ used in the Preamble of Indian Constitution.
Briefly describe the constitutional development in France.
What is the significance of the following phrases as used in the Preamble of the Indian Constitution: “Liberty of thought, expression, belief, religion and worship.”
What is the significance of the ‘Ratification by States’ for amending certain provisions of the Constitution?
How a constitution must be ‘rigid’ as well as ‘flexible’ at the same time?
What is meant by the term 'Equality' as given in the Preamble of the Constitution?
Why is the 42nd amendment called a ‘mini Constitution’?
What is the significance of the ‘Special Majority’ required for amending the certain articles of the constitution?
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