Criticism of the Constitutional Amendment Procedures

This article shares some pertinent criticisms from certain quarters regarding the procedures of the constitutional amendment. Despite the 7 criticisms mentioned, the article also notes that amendments have been commensurate with the changing times and needs of the nation.

Aspirants would find this article very helpful while preparing for the IAS Exam.

7 Criticisms – Amendment Procedures of the Constitution

The critics have criticized the amendment procedure of the Constitution on the following grounds:

1. There is no provision for a special body like Constitutional Convention (as in the USA) or Constitutional Assembly for amending the Constitution. The constituent power is vested in the Parliament and only in few cases, in the state legislatures.

2. The power to initiate an amendment to the Constitution lies with the Parliament. Hence, unlike in the USA, the state legislatures cannot initiate any bill or proposal for amending the Constitution except in one case, that is, passing a resolution requesting the Parliament for the creation or abolition of legislative councils in the states. Here also, the Parliament can either approve or disapprove such a resolution or may not take any action on it.

3. A major part of the Constitution can be amended by the Parliament alone either by a special majority or by a simple majority. Only in a few cases, the consent of the state legislatures is required and that too, only half of them, while in the USA, it is three-fourths of the states.

4. The Constitution does not prescribe the time frame within which the state legislatures should ratify or reject an amendment submitted to them. Also, it is silent on the issue of whether the states can withdraw their approval after according the same.

5. There is no provision for holding a joint sitting of both the Houses of Parliament if there is a deadlock over the passage of a constitutional amendment bill. On the other hand, a provision for a joint sitting is made in the case of an ordinary bill.

6. The process of amendment is similar to that of a legislative process. Except for the special majority, the constitutional amendment bills are to be passed by the Parliament in the same way as ordinary bills.

7. They leave a wide scope for taking matters to the judiciary.

Conclusion

Despite these defects, it cannot be denied that the process has proved to be simple and easy and has succeeded in meeting the changing needs and conditions. The procedure is not so flexible as to allow the ruling parties to change it according to their whims. Nor is it so rigid as to be incapable of adapting itself to the changing needs.

Frequently Asked Questions about Constitution Amendment Procedure

What are the procedures for amendment of the Indian Constitution?

An amendment of the Constitution can be initiated only by the introduction of a Bill in either House of Parliament. The Bill must then be passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting.

During which scenario is the amending power of the Constitution of India restricted?

The limitatation imposed on the amending power of the constitution of India comes into effect during conflicts between the Supreme Court and Parliament, where Parliament wants to exercise discretionary use of power to amend the constitution while the Supreme Court wants to restrict that power.

The above details would help candidates prepare for UPSC 2020.

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