Types of the Constitution Amendments


By Simple Majority of Parliament

A number of provisions in the Constitution can be amended by a simple majority of the two Houses of Parliament include:

[a] Privileges of the Parliament, its members and its committees.

[b] Conferment of more jurisdictions on the Supreme Court.

[c] Use of English language in Parliament.

[d] Rules of procedure in Parliament.

[e] Salaries and allowances of the members of Parliament.

[f] Quorum in Parliament.

[g] Fifth Schedule—administration of scheduled areas and scheduled tribes.

[h] Sixth Schedule—administration of tribal areas.

[i] Second Schedule—emoluments, allowances, privileges and so on of the president, the governors, the Speakers, judges, etc.

[j] Admission or establishment of new states.

[k] Formation of new states and alteration of areas, boundaries or names of existing states.

[m] Abolition or creation of legislative councils in states.

[n] Union territories.

[o] Elections to Parliament and state legislatures.

[p] Use of official language.

[q] Citizenship—acquisition and termination.

[r] Delimitation of constituencies.

 

By Special Majority of Parliament

The majority of the provisions in the Constitution need to be amended by a special majority of the Parliament, that is, a majority (that is, more than 50 per cent) of the total membership of each House and a majority of two-thirds of the members of each House present and voting.

The expression ‘total membership’ means the total number of members comprising the House irrespective of fact whether there are vacancies or absentees.

A number of provisions in the Constitution can be amended by a special majority of the two Houses of Parliament include:

[a] Fundamental Rights

[b] Directive Principles of State Policy

[c] All other provisions which are not covered by the first and third categories

 

By Special Majority of Parliament and Consent of States

Those provisions of the Constitution which are related to the federal structure of the polity can be amended by a special majority of the Parliament and also with the consent of half of the state legislatures by a simple majority.

A number of provisions in the Constitution can be amended by a special majority of the two Houses of Parliament and the consent of half of the state legislatures include:

[a] Any of the lists in the Seventh Schedule.

[b] Representation of states in Parliament.

[c] Distribution of legislative powers between the Union and the states.

[d] Extent of the executive power of the Union and the states.

[e] Election of the President and its manner.

[f] Supreme Court and high courts.

[h] Power of Parliament to amend the Constitution and its procedure (Article 368 itself).