Parliament Constitution (124) Amendment Bill 2019
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was12121134Parliament Constitution (124) Amendment Bill 2019
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was12121134Why in News?
▪ In 2019, the Parliament passed the Constitution (124th) Amendment Bill 2019 by a special majority.
o The bill, however, saw arguments on the amendment procedure, including whether the Bill should
be ratified by state Assemblies, and questions related to aided and unaided institutions.
What is the Procedure for Amending the Indian Constitution?
▪ Article 368 in Part XX of the Constitution deals with the power of parliament to amend the constitution and
its procedures.
o It states that the Parliament may amend the Constitution by way of addition, variation or repeal of
any provision in accordance with the procedure laid down for the purpose.
o However, the Parliament cannot amend those provisions which form the ‘basic structure’ of the
Constitution. This was ruled by the Supreme Court in the Kesavananda Bharati case (1973).
▪ It provides for two types of amendments, that is, by a special majority of Parliament and the special
majority of parliament along with the ratification of half of the states legislatures by a simple majority.
▪ Amendment of certain provisions of the Constitution requires amendment by a simple majority of each
house present and voting. These amendments are not deemed to be amendments under Article 368.
What is a Simple Majority?
▪ A number of provisions in the Constitution can be amended by a simple majority of the two Houses of
Parliament outside the scope of Article 368.
▪ These provisions include
o Formation of new states and alteration of areas, boundaries or names of existing states,
o Abolition or creation of legislative councils in states,
o Use of official language,
o Citizenship – acquisition, and termination,
o Elections to Parliament and state legislatures,
o Fifth Schedule – administration of scheduled areas and scheduled tribes,
o Sixth Schedule – administration of tribal areas.
What is a Special Majority?
▪ About:
o Under Article 368(2), Parliament can amend the Constitution by passing a Bill with a special
majority.
o Fundamental Rights and Directive Principles of State Policy (DPSP) are the two most important
provisions that can be amended by the special majority, but the amendments should be within Basic
structure of the constitution.
o All provisions that do not require ratification by states, and those that come directly under the
purview of Article 368, can be amended by the special majority.
▪ Special Majority with Consent of Half of States:
o Those provisions of the Constitution which are related to the federal structure of the polity can only
be amended by a special majority of the Parliament and also with the consent of half of the state
legislatures by a simple majority.
o Important provisions that
require ratification by the states
include the election of
President, Supreme Court and
High Courts, representation of
states in Parliament, distribution
of legislative powers between
the Union and the states, and
the extent of executive power of
the Union and the states.
o Most importantly,
an amendment to Article 368
itself, requires ratification by the
states.
What are the Restrictions to
Parliament’s Amending Power?
▪ In the
landmark Kesavananda Bharati
case 1973, the supreme court
has ruled that parliament has
the power to amend any part of
the constitution but it cannot
alter the “basic structure of the
constitution”.
▪ The constituents of basic
structure are not clearly defined
by the court. However, it has
been interpreted to provisions
like values enshrined in
preamble like secularism,
equality etc., federalism,
separation of power,
independence judiciary, rule of
law etc.
