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Constitution: As A Living Document

Question
CBSEENPO11021669

Explain the reason for requiring special majority for amending the Constitution.

Solution

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.