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Amending Powers of the Indian Parliament

The Indian Constitution can be characterized as partly flexible and partly rigid. It is said that Indian Constitution strikes a good balance between extreme rigidity and too much flexibility.

The Constitution of India prescribes three different methods for Amendment of the different provisions of the Constitution.

  • Some parts of the Constitution can be amended by a simple majority in both Houses of Parliament. It must however be pointed out that there are a very few provisions which allow alterations b simple majority. By this, new states may be created and abolished. The provisions for the administration of Scheduled Areas and Scheduled Tribes may be altered. But these matters will not be treated as Amendments for the purpose of the Article 368.
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  • Certain specified subjects as Amendments affecting the method of electing the President, the extent of the Executive and Legislative powers of the Union or the States, the representation of the State in Parliament and the method of Amending the Constitution requires (a) a majority of the total membership in each House of Parliament; (b) a majority of not less than two thirds of the members present and voting in each House of the Parliament and (c) ratification by the Legislatures of one half of States.
  • The remaining provisions of the Constitution can be amended by (a) a majority of the total membership in each House of the Parliament and (b) a majority of not less than  two-thirds of the members present and voting in each House of the Parliament.
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