Constitution Amendment Procedure
Like other written constitutions, the Indian Constitution also makes provision for its amendment. Its procedure is neither very rigid nor very flexible. In facts the Indian Constitution lays down three different constitution amendment procedure for various provisions of Constitution.
Procedure for Amendment
- Certain provisions of the Constitution can be amended by the parliament by simple majority. These include provisions relating to the creation of new states, creation or abolition of upper chambers in state legislature.
- Some provisions can be amended by parliament by two-third majority and also require the approval of legislatures of a majority of the states. Provisions that can be amended this way include election of the President, powers of the union and state executive, union judiciary, High Courts, representation of states in Parliament, amendment procedure etc.
- But a major portion of Constitution can be amended by a two third majority in Parliament. This must also be the clear cut majority of total membership of each house.
It may be noted that provisions that affect federal character of the constitution can be amended only with the approval of the states. A notable feature of the amendment procedure in India is that the initiative rests with the Centre , and the states cannot initiate any amendments.