Bills seeking to amend the Constitution are of three types:—
(1) Bills that are passed by Parliament by simple majority;
(2) Bills that have to be passed by Parliament by the special majority prescribed in article 368(2) of
the Constitution; and
(3) Bills
that have to be passed by Parliament by the special majority as
aforesaid and also to be ratified by not less than one-half of the State
Legislatures.
Bills that are not deemed as Constitution Amendment Bills
2.
Bills for amendment of the following provisions of the Constitution are
passed by both Houses of Parliament by a simple majority of members
present and voting :
(a) admission or establishment of new
States, formation of new States, and alteration of areas, boundaries or
names of existing States (articles 2, 3 and 4);
(b) creation or abolition of Legislative Councils in the States (article 169);
(c) administration and control of Scheduled Areas and Scheduled Tribes (para 7 of the FifthSchedule); and
(d) administration of Tribal Areas in the States of Assam, Meghalaya, Tripura and Mizoram (para 21 of the Sixth Schedule).
3. These
Bills are not deemed as Constitution Amendment Bills under article 368
of the Constitution and, therefore, these are not called by the
title ‘Constitution Amendment Bills’.
4. Though normal
legislative procedure holds good in respect of these Bills, Bills
providing for matters in sub paras (a) and (b) above, in addition,
require respectively the recommendation of the President
for introduction and the prior adoption of necessary resolution by the
State Legislative Assembly concerned.
5. Such Bills are presented to the President for his assent under article 111 of the Constitution.
Constitution Amendment Bills
6. Bills
seeking to amend all other provisions of the Constitution including
those enumerated in the proviso to article 368(2) are called by the
title ‘Constitution Amendment Bills’. These Bills can be introduced
in either House of Parliament. If sponsored by a Private Member, the
Bill has to be examined in the first instance and recommended for
introduction by the Committee on Private Members’ Bills and Resolutions
before it is included for introduction in the List of Business.
Motions for introduction of the Bills are decided by simple majority.
7. Constitution
Amendment Bills are not treated as Money Bills or Financial Bills.
Accordingly, President’s recommendation under articles 117 and 274 of
the Constitution in regard to these Bills is not asked for. However, if
the recommendation is communicated by the Minister, it is published in
the Bill or in the Bulletin, as the case may be, for information of
members.
Special Majority
8. Constitution Amendment Bills have to be passed in each House of Parliament by a special majority
ie. by
a majority of the total membership of that House and by a majority of
not less than two-thirds of the members of the House “present and
voting”. The expression “total membership” means the total number of
members comprising the House irrespective of whether there arevacancies
or absentees on any account. The expression “present and voting”, means
members who vote for “ayes” or for “noes”. Members who are present in
the House and vote “abstention” either through the electronic vote
recorder or on a voting slip or in any other manner, are not treated as
“present and voting.”
9. Taking a strict interpretation of the
Constitutional provision, the special majority prescribed may
be required only for voting at the third reading stage, but by way of
caution, the requirement of special majority has been provided for in
the Rules of Procedure and Conduct of Business in Lok Sabha in respect
of all the effective stages of the Bill
ie. motion that the
Bill be taken into consideration, motion that the Bill, as reported by
the Select or Joint Committee, be taken into consideration, motion that
the Bill, as passed by Rajya Sabha, be taken into consideration, motion
for adoption of clauses and schedules to the Bill and finally for the
adoption of the motion that the Bill be passed. Motions that the Bill be
circulated for eliciting opinion thereon or that the Bill be referred
to a Select or JointCommittee are passed by simple majority.
10. Whenever
a motion has to be carried by a special majority, voting is always by a
division. The Speaker, while announcing the result of the voting, makes
a special mention of the fact that motion has been carried by the
special majority.
11. Each clause or schedule is put to the vote
of the House separately and carried by the special majority. The Speaker
may, however, with the concurrence of the House, put any group of
clauses or schedules together to the vote of the House in which case the
result of the voting shall be taken as applicable to each clause or
schedule separately and so indicated in the proceedings. However, if any
member requests that any of the clauses or schedules be put
separately, the Speaker complies with such a request. The Short Title
(clause 1), the Enacting Formula and the Long Title of the Bill are
adopted by simple majority. Where Short Title (clause 1) contains
provision regarding commencement of the Act, it is also adopted by
the special majority.
12. Amendments to clauses or schedules are decided by simple majority as in the case of any other Bill.
Ratification by the State Legislatures
13. A Constitution Amendment Bill which seeks to make any change in articles relating to:—
the election of the President, or
the extent of the executive power of the Union and the States, or
the Supreme Court and the High Courts, or
distribution of legislative powers between the Union and States, or representation of States in Parliament, or
the very procedure for amendment as laid down in article 368 of the Constitution,
after
it is passed by the Houses of Parliament by the special majority, has
also to be ratified by Legislatures of not less than one-half of the
States by resolutions to that effect passed by them before the
Bill making provision for such an amendment is presented to the
President for assent.
Joint Sitting
14. In
case of any disagreement between the two Houses of Parliament on a
Constitution Amendment Bill, there cannot be a joint sitting of the
Houses of Parliament on the Bill as article 368 of the Constitution
requires each House to pass the Bill by the prescribed special majority.
Assent to Constitution Amendment Bills
15. Constitution
Amendment Bills passed by Parliament by the prescribed special majority
and, where necessary, ratified by the requisite number of State
Legislatures are presented to the President under article 368 of the
Constitution under which the President is bound to give his assent to
such Bills.
[Constitution Amendment Bills are governed
by article 368 of the Constitution and Rules 155—159 of Rules of
Procedure and Conduct of Business in Lok Sabha.]
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