In the context of the Indian Constitution, amendments can be broadly classified into three types based on the impact they have on the constitutional framework. These classifications help understand the nature and significance of the changes introduced through the amendment process.
- Simple Amendments:
- Simple amendments refer to changes that do not alter the basic structure or fundamental principles of the Constitution. These amendments typically deal with matters of administrative detail, clarity, or procedural aspects. They can be passed by a simple majority in both houses of Parliament, meaning more members voted in favor than against, and the total number of affirmative votes is at least half of the total membership of each house present and voting.
- Special Amendments:
- Special amendments are those that require a special majority for passage. These amendments involve more significant changes to the Constitution and include alterations to fundamental rights, the federal structure, the powers of the President, and other crucial aspects. For a special amendment to be passed, it must be approved by a two-thirds majority of the members present and voting in each house of Parliament, and the total number of affirmative votes must be at least two-thirds of the total membership of each house.
- Constitutional Amendments Affecting States:
- Some amendments, particularly those affecting the powers of states or the federal structure of the Constitution, require ratification by a specified number of state legislatures. These amendments impact the relationship between the central government and the states. The President will notify the amendment’s effective date only after receiving the required ratifications from the states. The number of states required for ratification can vary depending on the nature of the amendment.
It’s important to note that the distinction between simple and special amendments is not explicitly mentioned in the Constitution but is a practical way of categorizing amendments based on their impact. The term “special majority” refers to the higher threshold required for certain types of amendments.
Additionally, there is the concept of “Constitutional Amendment Acts,” which are legislative acts passed by Parliament to amend the Constitution. Each amendment is identified by a sequential number, and the Amendment Acts are listed in chronological order.
SIMPLE MAJORITY
Simple majority is a term commonly used in the context of parliamentary voting to refer to the minimum number of votes needed for a motion or a bill to be passed. In the context of constitutional amendments in India, simple majority is not explicitly used, but certain matters in parliamentary proceedings, including those related to constitutional changes, may be decided by a simple majority.
- Ordinary Legislation:
- Most legislative matters, including the enactment of ordinary laws, are decided by a simple majority. In both houses of Parliament, a bill is passed if the majority of members present and voting support it, and the total number of affirmative votes is at least half of the total membership of the house.
- Financial Matters:
- Money bills, which exclusively deal with matters related to taxation and government expenditure, are decided by a simple majority. However, the Rajya Sabha (Council of States) does not have the power to reject or amend money bills; it can only suggest modifications.
- Procedural Matters:
- Various procedural matters related to the functioning of Parliament, such as the adoption of rules of procedure, appointment of committees, and other internal matters, are usually decided by a simple majority.
- Some Constitutional Amendments:
- While significant constitutional amendments require a special majority (two-thirds majority), certain amendments dealing with procedural or administrative aspects may be passed by a simple majority. For example, changes to the representation of states in Parliament may require a simple majority.
- Passage of Resolutions:
- Resolutions on various issues, including expressing opinions, calling for actions, or making declarations, are generally passed by a simple majority.
It’s important to note that the term “simple majority” is not specifically used in the Constitution when referring to the passage of bills or resolutions. Instead, the Constitution specifies the numerical requirements, such as a majority of members present and voting, for various situations. The term is more commonly used in parliamentary practice to describe the basic numerical threshold needed for a motion to be carried.
In contrast, matters that significantly impact the constitutional framework, such as amendments to fundamental rights or federal structures, require a higher threshold known as a “special majority” (two-thirds majority).
SPECIAL MAJORITY
Special majority refers to a higher threshold of votes required for certain significant matters, including constitutional amendments, in parliamentary proceedings. In the context of the Indian Constitution, special majority is typically required for matters that have a profound impact on the constitutional framework.
- Constitutional Amendments:
- The most common application of special majority is in the context of amending the Constitution. Any amendment to the Constitution, whether it pertains to fundamental rights, the federal structure, or other critical aspects, requires a special majority. This involves the approval of at least two-thirds of the members present and voting in each house of Parliament, and the total number of affirmative votes must be at least two-thirds of the total membership of each house.
- Removal of the President or Vice President:
- The removal of the President or Vice President of India from office requires a special majority. The process involves a resolution passed by each house of Parliament supported by at least two-thirds of the members present and voting.
- Creation or Alteration of States:
- Any law related to the creation of new states or the alteration of existing state boundaries requires a special majority. This includes changes to the names or territories of states.
- Appointment of Judges of the Supreme Court and High Courts:
- While the appointment of judges is not explicitly mentioned in terms of special majority, the process involves the President’s consultation with the Chief Justice of India and other judges. In practice, it often requires broad political consensus, which may be considered analogous to a special majority in spirit.
- Modification of Representation of States in Parliament:
- Any change to the representation of states in Parliament, such as altering the allocation of seats, would typically require a special majority.
- Laws Relating to Scheduled Castes and Scheduled Tribes:
- Certain laws concerning the welfare and protection of Scheduled Castes and Scheduled Tribes may require a special majority.
- Laws Related to Land Reforms and Acquisition:
- Laws related to land reforms and acquisition that have a significant impact on property rights and ownership patterns may require a special majority.
It’s important to note that the specific subject matters requiring a special majority are outlined in the Constitution, and the threshold for special majority is specified as “not less than two-thirds of the members present and voting” and “a majority of the total membership of each house.” Special majority is intended to ensure a broad consensus and prevent hasty or arbitrary changes to crucial aspects of the constitutional and legal framework.
SPECIAL MAJORITY WITH CONSENT OF STATES
In Indian Constitution, certain amendments or legislative matters require more than just a special majority in Parliament; they also necessitate the consent of a specified number of states. This provision ensures that changes with a direct impact on the federal structure or the powers of the states receive the approval of the states themselves. The key provision related to this is found in Article 368, which outlines the amendment procedure.
- Amendment Procedure (Article 368):
- Article 368 of the Indian Constitution outlines the procedure for amending the Constitution. While most amendments require a special majority in Parliament (two-thirds of the members present and voting, and a majority of the total membership in each house), certain amendments that affect the federal structure require the additional consent of states.
- Consent of States for Certain Amendments:
- Subsection (2) of Article 368 specifies that if an amendment seeks to make changes to provisions related to the distribution of powers between the Union (central government) and the states listed in the First Schedule (known as the “federal provisions”), then the amendment must be ratified by the legislatures of not less than one-half of the states.
- States’ Ratification:
- Ratification involves the formal approval of an amendment by the legislatures of the concerned states. The President seeks the ratification of the states after the amendment bill has been passed by the special majority in both houses of Parliament.
- Number of States for Ratification:
- The Constitution does not require the consent of all states; rather, it specifies that the amendment must be ratified by not less than one-half of the states. The specific number of states required for ratification may vary depending on the amendment.
- Exceptions to the Requirement:
- Not all amendments related to federal provisions require the consent of states. For example, certain changes to the federal provisions, such as those specified in the proviso to Article 3 (dealing with the formation of new states and alteration of areas, boundaries, or names of existing states), do not require the consent of states.
- Amendment Examples Requiring State Consent:
- Examples of amendments requiring the consent of states include changes to the representation of states in Parliament, adjustments in the allocation of seats, and modifications to the lists in the Seventh Schedule (Union List, State List, and Concurrent List).
- Protection of States’ Interests:
- The requirement for state consent ensures that amendments affecting the powers and autonomy of states are made with their concurrence. It reflects the federal and cooperative nature of the Indian political system.
- Presidential Assent:
- Once the amendment is passed by Parliament and ratified by the required number of states, it is presented to the President for assent. The President’s assent is necessary for the amendment to come into effect.
In summary, special majority with the consent of states is a constitutional provision designed to safeguard the interests of states when amendments impact the federal structure and the distribution of powers between the Union and the states.
