[go: up one dir, main page]

3

Download as pdf or txt
Download as pdf or txt
You are on page 1of 1

Amendments to the Indian Constitution can also be categorized based on the majority required for

their enactment. The type of majority needed varies depending on the nature of the amendment.
Here are the main types of amendments with respect to the majority required:

Simple Majority Amendments:


These amendments require a simple majority in both houses of Parliament (i.e., more than 50%
of the members present and voting).
For example, amendments related to the organization and jurisdiction of High Courts, the
Union territories, and the use of the official language can be passed by a simple majority.
Special Majority Amendments:
These amendments require a more significant majority in both houses of Parliament, with at
least two-thirds of the members present and voting.
Many critical amendments, including changes to Fundamental Rights and Directive Principles,
fall under this category. For example, the 42nd Amendment Act, 1976, which made several
changes to the Constitution, was passed by a special majority.
Special Majority and State Ratification Amendments:
Some amendments, particularly those affecting the federal structure or representation of states
in Parliament, require a special majority in both houses of Parliament as well as ratification by a
majority of state legislatures (a simple majority of states).
An example is the 73rd Amendment Act, 1992, which introduced provisions for Panchayati Raj
institutions and required ratification by state legislatures.
Special Majority and State Ratification Amendments (by a Two-Thirds Majority of States):
Certain amendments, mainly those that alter the federal balance significantly, mandate special
majority approval in both houses of Parliament and the consent of at least two-thirds of the
states.
The 7th Amendment Act, 1956, which reorganized states and altered boundaries, required this
level of state ratification.
Consent of States Not Required:
Some amendments, typically those of a technical or procedural nature, do not require the
consent of state legislatures or a specific majority. They can be passed by a simple majority in
both houses of Parliament.
The 94th Amendment Act, 2006, which added provisions for the reservation of seats for
Scheduled Castes and Scheduled Tribes in the Lok Sabha and State Legislative Assemblies, is an
example.
Constitutional Amendments Requiring Unanimity:
A few provisions in the Indian Constitution require unanimous agreement among the states
and the central government. This level of consensus is exceptionally rare.
An example is the reorganization of a state or the creation of a new state, as seen in the
formation of Telangana in 2014.

It's important to note that the specific majority and ratification requirements can vary based on the
nature of the amendment. While some amendments can be passed relatively easily, significant
changes to the Constitution, especially those impacting the federal structure or fundamental rights,
require more substantial support and consensus.

You might also like