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Thursday, December 28, 2017

Procedure for amending the constitution

The procedure of amending the constitution is given in Article 368. It says that the parliament can amend the constitution under its constituent power. A bill must be presented in either house of the parliament and must be approved by a majority of each houses and not less than 2/3 majority of each house present and voting.
After such approval the bill is presented to the president for his assent, upon whose assent the constitution shall stand amended as per the provisions of this article. However, if the amendment seeks to make a change in

o    Articles 54, 55, 73, 162, or 241
o    Chapter 4 of part 5, chapter 5 of chapter 6, or chapter 1 of part 11
o    any of the lists in the 7th schedule
o    representation of the states in the parliament
o    in this article itself

The bill must also be ratified by not less than half of the states before it is presented to the president for his assent.

For amending articles 5, 169, or 239-A, only a simple majority of both the houses of the parliament is required.