Thursday, 9 July 2020

THE BLEND OF RIGIDITY AND FLEXIBILITY IN THE PROCEDURE FOR AMENDMENT



The Blend Of Rigidity And Flexibility In 
The Producer For Amendment  



  • The procedure for amendment is 'rigid' in so far as it requires a special majority and a special procedure.
  • There is no separate body for amending the Constitution, as exists in some other countries (eg., a constitutional convention) 
  • The State Legislature cannot initiate any Bill or proposal for amendment of the Constitution.
  • Subject to the provisions of Art. 368, Constitution Amendment Bills are to be passed by the Parliament in the same way as ordinary Bills. 
  • The procedure for joint session is not applicable to Bills for amendment of the Constitution.
  • The previous sanction of the President is not required for introducing any Bills for amendment of the Constitution.
  • The requirement relating to ratification bu which the state Legislature is more liberal than the corresponding provision in the American constitution. The latter requires ratification by three fourth of the state.
  • The amendment of Art. 368 in 1971 has made it obligatory for the President to give his assent to a Bill for him after its passage by the Legislature 

 

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