PROCEDURE OF CONSTITUTION UNDER ARTICLE 368 AND ITS SILENT FEATURE OF CONSTITUTION
BY SUSHMA GOWDA
INTRODUCTION
The procedure for the amendment of the Constitution as laid down in Article 368 is as follows:
1.An amendment of the Constitution can be initiated only by the introduction of a bill for the purpose in either House of Parliament (Lok Sabha & Rajya Sabha) and not in the state legislatures.
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.The bill must be passed in each House by a special majority, that is, a majority (that is, more than 50 per cent) of the total membership of the House and a majority of two-thirds of the members of the House present and voting.
4.Each House must pass the bill separately.
5.In case of a disagreement between the two Houses, there is no provision for holding a joint sitting of the two Houses for the purpose of deliberation and passage of the bill.
6.If the bill seeks to amend the federal provisions of the Constitution, it must also be ratified by the legislatures of half of the states by a simple majority, that is, a majority of the members of the House present and voting.
7.After duly passed by both the Houses of Parliament and ratified by the state legislatures, where necessary, the bill is presented to the president for assent.
8.The president must give his assent to the bill. He can neither withhold his assent to the bill nor return the bill for reconsideration of the Parliament
9.After the president’s assent, the bill becomes an Act (i.e., a constitutional amendment act) and the Constitution stands amended in accordance with the terms of the Act.
DISCUSS THE SALIENT FEATURES OF CONSTITUTION.
1) Written and Detailed Constitution
Indian constitutions are detailed constitution. It consists of 395 Articles divided into 22 parts with 12 schedules and 94 constitutional amendments.
2) Self-made and enacted Constitution
The first session was held on 9th December, 1946. It was passed the objective resolution on 22nd January, 1947, it was adopted on 26th November, 1949. It became fully operative from 26th January 1950.
3) Preamble of the Constitution
The Preamble is the key to the constitution. It states in nutshell the nature of Indian state and the objective it is committed to secure for the people.
4) India is a democratic socialist state
India is committed to secure social, Economics and political justice for its entire people by ending all forms of exploitation and by securing equitable distribution of income, resources and wealth.
5) India is a democratic State
In this Feature people enjoy equal political rights. On the basis of these rights, the people freely participate in the process of politics. They elect their government.
6) India is a Secular State
India secularism guarantees equal freedom to all religions. The constitution grants the right to religious freedom to all citizens.
7) India is a republic
India will not be ruled by monarch or any head of state. The people have given the right to select for 5 years president of the nation.
8) India is a union of States
Article I of the constitution declares, that “India that is Bharat is a Union of states.” The term ‘Union of state’
9)Mixture of Federalism and Unitarianism
It means Division of Power between the centre and states, A written, rigid and Supreme constitution, Independent judiciary with the power to decide centre-state disputes.
