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Amendmend Procedure of Different Countries

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Submitted By sachin238
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AMENDMENT PROCESS OF INDIAN CONSTITUTION

The procedure of amendment makes the Constitution of India neither totally rigid nor totally flexible, rather a curious mixture of both. Some provisions can be easily changed and for some others, special procedures are to be followed. Despite the fact that India is a federal state, the proposal for amending the constitution can be initiated only in the House of the Union Legislature and the State Legislatures have no such power.

In case of ordinary legislation, if both houses of the Parliament disagree, a joint session is convened. But in case of amendment of bills, unless both the houses agree, it cannot materialize, as in such cases there is no provision for convening the joint session of both the Houses of the Parliament.

In fact, there are three methods of amending the Constitution. But Article 368 of the constitution which lays down the procedure for amendment mentions two methods.

1) An amendment of the constitution may be initiated only by the introduction of a Bill for the purpose in either house of Parliament and when a bill is passed in each house.

i) By a majority of total membership of that house.

ii) By a majority of not less than two-thirds of the members of that house present and voting, it shall be presented to the President who shall give his assent to the Bill and there upon the Constitution shall stand amended in accordance with the term of the Bill.

Most of the provisions of the constitution can be amended by this procedure.

2) For amending certain provisions a special procedure to be followed,

(i) A Bill for the purpose must be passed in each house of Parliament by a majority of total membership of the house,

(ii) By a majority of not less than two-thirds of the members of that house present and voting and

(iii) It should be notified by the legislatures of not less than

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