How is the constitution of India amended?

Do you think that the

procedure for amendment makes the constitution a play thing in the
hands of the centre?

Article 368 of the constitiution gives parliament supreme authority to amend the
constitution,which is also upheld by the supreme court in many of its benchmark
judgements. However the power to amend the constitution isn't an arbitrary power. The
procedure to be followed in such cases is also laid down in the constitution itself.

As per the procedure required to be followed to amend the constitution, bills in such
regard are of 3 types :

1. Bills that are passed by the parliament by simple majority

2. Bills that are passed by the parliament with special majority prescribed under article
368(2)

3. Bills that have to be passed by the parliament by special majority & be ratified also by
minimum one-half of the states.

All matters of the constitution, except such as creation or admission of new states,
creation or abolition of legslative council & administration of scheduled caste and
scheduled tribe areas, need to be amended as per the procedure laid down in article
368 & bills in this regard are called coonstitution amendment bills.

This constitution amendment bill can be introduced in either house of the parliament &
requires special majority i.e. absolute majority of the total strength of the house & 2/3rd
majority of the members present & voting, for it to be passed. Once passed it is
transmitted to the other house of the parliament, where also ut need to be passed by
the special majority.

Furthermore, if the constitution amendment bill consists any provision as related to

election of president, supreme court or high court, extent of the executive power of the
union & states, it needs to be ratified by not less than one-half of the state legislature.

In case of dead-lock with regard to passing of constitution amendment bills, there is no

provision of joint sitting & bill such seeking to amend the constitution is scrapped. So,
even if a bill, trying to meddle with the federal structure prescribed under the
constitution & consisting of undemocratic, biased measures, is passed in the Lok sabha,
it is likely to be stalled in the Rajya sabha consisting of indirectly elected representatives
of the states and also during ratification by state legislatures.

Thus, procedure to amend the constitution gives states important measures to check the
totalitarianism of the union government, in Rajya sabha & state legislature itself,thus
opposing the undemocratic nature of the bill if the situation so may arise and not
making the constitution a mere plaything in the hands of the centre.

Name : Vaidya Ronak

Contact : 8469851401