SIT COE Constitution of INDIA CIVIL ELE MECH

1. Subject :Constitution of India
Content : Amendment
Mr. Gundhar Arun Chougule

2.  The procedure for the amendment of the constitution as
laid down in article 368 is as follows:
 1.The amendment of the constitution can be initiated
only by the introduction of a bill for the purpose in
either house of parliament and not in state legislature.
 2.The bill can be introduced either by a minister or by a
private member and does not require prior permission
of the president.

3.  3.The bill must be passed in each house by a special
majority, that is majority of the total members of the
house and a majority of two-third of the members of
the house present and voting.
 4.Each house must pass the bill separately. In case of
disagreement between two house ,there is no provision
for holding a joint sitting of the house. For the purpose
of deliberation and passage of the bill.

4.  5.If the bill seeks to amend the federal provision of the
constitution it must also ratified by the legislatures of the
half of a states. By a simple majority ,that is a majority of
the members of the house present and voting.
 6.After passed by the both houses of parliament and ratified
by the state legislatures, the bill is presented to the president
for assent.
 7.After the president assent ,the bill becomes an act
(constitutional amendment act).

5. 
Article 368 provides two types of amendment
that is a special majority of parliament and
also through the ratification of half of the
states by a simple majority. But, some
provide for the amendment of certain
provision of the constitution.

6.  Amendment by simple majority of the parliament
 Amendment by special majority of parliament
 Amendment by special majority of the parliament and
the ratification of the half of the state legislatures.

7.  As our society and it's needs are ever-evolving, if
the constitution does not keep pace, it will become
redundant or lead to a breakdown of Law and
order.
 First Amendment did in 1951
 So, as an advancing and subsisting document,
numerous amendments have been made to it till
2019.
 Amendments to the Constitution require a special
majority of 'two-third, members present and voting
to be passed in Parliament.

8.  Abolition of states according to classes and the
introduction of Union Territories and
reorganization of states by language (7th
Amendment Act, 1956}
 Abolished the existing classification of states
into four categories i.e., Part A, Part B, Part C and
Part D states, and reorganized them into 14
states and 6 union territories.
 Provided for the establishment of a common high
court for two or more states

9.  The mini-constitution inserted socialism and
Secularism in the preamble, a provision on fundamental
◦ Secularism and socialism were inserted to restore the faith
of the nation that minorities would be safe and not be
exploited by the rich.
◦ Also, the rich would not be allowed to dominate, the
country's economy.
◦ The main reason to add socialism was to promote social as
well as economic equality in the country.

10.  Right to Property deleted from the list of Fundamental
Rights
 The Fundamental Right to properly in India was
removed to permit the reorganization of land and to
facilitate land acquisition for developmental projects
 This was carried out by the Indian Government at that
time since it was not affluent enough to pay people
whatever they demanded their land.

11.  Voting age reduced from 21 to 18
◦ Prime Minister Rajiv Gandhi explained it as an
expression the government's full faith in the youth
of the country
 The youth are aware and informed and thus, lowering
the voting age would provide an opportunity for the
unrepresented youth of the nation to vent out their
feelings and motivate them to become a part of the
political process eventually

12.  Granted constitutional status and protection to
the Panchayati raj institutions. For this
purpose, the Amendment has added a new
Part-IX entitled as 'the panchayats' and a new
Eleventh Schedule containing 29 functional
items of the panchayats.

13.  During the early 90s local bodies in states had become
ineffective in holding regular elections or the maintenance of
public infrastructure, electricity and water supply.
 Granted constitutional status and protection to the urban local
bodies

14.  One of the most important amendments, the government
directed the private school to take 25% of their class strength
from economically.

15. ◦ National Emergency
◦ Constitutional Emergency
◦ Financial Emergency

16.  National emergency can be declared on the
basis of war, external aggression or armed
rebellion. The Constitution employs the
expression ‘proclamation of emergency’ to
denote an emergency of this type.

17. ◦ Under Article 352, the president can declare a
national emergency when the security of India or
a part of it is threatened by war or external
aggression or armed rebellion.
◦ The President can declare a national emergency
even before the actual occurrence of war or
armed rebellion or external aggression

18.  When a national emergency is declared on the
grounds of ‘war’ or ‘external aggression’, it is
known as ‘External Emergency’. On the other
hand, when it is declared on the grounds
of ‘armed rebellion’, it is known as ‘Internal
Emergency’.
 This term ‘armed rebellion’ is inserted from
the 44th amendment. Before this term it was
known as internal disturbance.

19.  Article 355 imposes a duty on the centre to
ensure that the government of every state is
carried on in accordance with the provisions
of the constitution.
 It is this duty in the performance of which the
centre takes over the government of a state
under Article 356 in case of failure of
constitutional machinery in a state.
 This is popularly known as ‘President’s Rule’.

20.  Article 360 empowers the president to proclaim a
Financial Emergency if he is satisfied that a
situation has arisen due to which the financial
stability or credit of India or any part of its
territory is threatened.
 Parliamentary approval and duration: A
proclamation declaring financial emergency must
be approved by both the Houses of Parliament
within two months from the date of its issue.

21.  Extension of the executive authority of the Union over the
financial matters of the States.
 Reduction of salaries and allowances of all or any class of
persons serving in the State.
 Reservation of all money bills or other financial bills for the
consideration of the President after they are passed by the
legislature of the State.
 Direction from the President for the reduction of salaries
and allowances of all or any class of persons serving the
Union; and the judges of the Supreme Court and the High
Courts.

22. ◦ The federal character of the constitution will be destroyed
and the union will become all-powerful
◦ The powers of the State- both the Union and the Units- will
entirely be concentrated in the hands of the union executive.
◦ The president will become a dictator
◦ The financial autonomy of the state will be nullified
◦ Fundamental rights will become meaningless and, as a
result, the democratic foundation of the constitution will be
destroyed.’