Daily Current Affairs : 4-September-2023
In recent developments, the Law Ministry in India has initiated a discussion regarding the terms of reference for examining whether a constitutional amendment is needed to enable simultaneous elections and whether such an amendment requires ratification by the states. To understand this process fully, it’s crucial to delve into the various ways in which India’s Constitution can be amended.
Amending the Constitution: A Multifaceted Process
India’s Constitution, a vital document that governs the nation, can be amended through three distinct methods, each with its own set of requirements. Let’s explore these methods:
Amending by Simple Majority
Amending by a simple majority is the most straightforward approach. This method requires a majority vote from the members present and voting in both houses of Parliament. Notably, it does not necessitate a specific quorum.
Provisions that can be amended using a simple majority include:
- Admission or establishment of new states.
- Formation of new states and changes in existing state boundaries or names.
- Abolition or creation of legislative councils in states.
- Determination of emoluments, allowances, privileges, and more for key officials.
- Setting the quorum in Parliament.
- Determining the use of the official language.
Amending by Special Majority
A significant portion of the Constitution falls under this category, necessitating a special majority for amendment. This entails approval from a majority of the total membership of each house and a two-thirds majority of the members present and voting.
Provisions that can only be amended by a special majority include:
- Fundamental Rights, safeguarding individual liberties.
- Directive Principles of State Policy, outlining principles for governance.
- All other provisions not covered in the first and third categories.
By Special Majority of Parliament and Consent of States
Certain provisions within the Constitution relate to the federal structure of India’s polity. To amend these provisions, a special majority in Parliament is required, alongside consent from at least half of the state legislatures via a simple majority.
Key provisions amendable through this process include:
- Election of the President and the associated procedures.
- The scope of executive powers held by both the Union and the states.
- The establishment and functioning of the Supreme Court and high courts.
- Distribution of legislative powers between the Union and the states.
- Any of the lists in the Seventh Schedule, which dictate the division of subjects between the Union and the states.
- Representation of states in Parliament.
- The power of Parliament to amend the Constitution itself, including the procedures outlined in Article 368.
Important Points:
- Three Amendment Methods: The Indian Constitution can be amended through three methods: simple majority, special majority, and special majority with state legislatures’ consent.
- Simple Majority Amendment: This method requires a majority vote from the members present and voting in both houses of Parliament. It is used for less significant provisions such as state admissions, boundaries, and official language.
- Special Majority Amendment: A special majority is needed for crucial provisions like Fundamental Rights and Directive Principles of State Policy. It involves approval from a majority of total membership in each house and a two-thirds majority of members present and voting.
- Special Majority with State Consent: Certain provisions related to federal aspects of India’s polity require a special majority in Parliament and consent from at least half of the state legislatures via a simple majority. These include subjects like the election of the President and legislative powers’ distribution.
- Comprehensive Governance: Constitutional amendments are vital for shaping the nation’s governance and ensuring alignment with the Constitution’s principles.
- Simultaneous Elections Debate: The ongoing discussion about simultaneous elections exemplifies the intricate nature of constitutional amendments and their implications for India’s governance structure.
Why In News
The Law Ministry has delineated specific terms of reference to thoroughly investigate whether the ratification of constitutional amendments by individual states is necessary to enable the implementation of simultaneous polls. This comprehensive examination aims to address the intricate legal aspects surrounding this proposed constitutional change and its implications for state governments.
MCQs about Constitutional Amendment Methods in India
-
In India’s Constitution, which provisions can be amended by a simple majority vote in both houses of Parliament?
A. Fundamental Rights
B. Admission or establishment of new states
C. Directive Principles of State Policy
D. Election of the President
-
What is the requirement for amending provisions related to Fundamental Rights in India’s Constitution?
A. Simple majority in both houses of Parliament
B. Two-thirds majority in both houses of Parliament
C. Special majority in Parliament and consent of states
D. Presidential approval
-
Which category of provisions in India’s Constitution requires a special majority in Parliament and consent of states for amendment?
A. Setting the quorum in Parliament
B. Abolition or creation of legislative councils in states
C. Establishment and functioning of the Supreme Court and high courts
D. Determining the use of the official language
-
What is the requirement for amending provisions related to the distribution of legislative powers between the Union and the states in India’s Constitution?
A. Simple majority in both houses of Parliament
B. Two-thirds majority in both houses of Parliament
C. Special majority in Parliament and consent of states
D. Presidential approval
Boost up your confidence by appearing our Weekly Current Affairs Multiple Choice Questions
