- IC can be amended in three ways:
- Simple majority
- Special majority under Article 368
- Special majority and ratification of half of the states under Article 368
- Simple majority
- Many articles of the IC can be amended by the simple law of the Parliament (simple majority).
- For amending these articles, there is no difference at all between amendment and ordinary law.
- The amendments in these articles are not considered amendments under Article 368.
- Special majority
- Other articles of the IC (that do not fall under the first category) can be amended like the procedure given in Article 368 of the IC.
- Under Article 368 of IC, there are two different methods for amending the two different sets of Articles. These are:
- Amendment by a special majority of two houses of Parliament.
- Amendment by a special majority of two houses of Parliament and ratification by half of the State legislatures (These Articles involve the federal character of the Constitution).
- Article 368 lists six parts of the Constitution which can be amended only after state ratification:
- Articles 54 and 55, dealing with the election of the President of India.
- Articles 73 and 162, dealing with the extent of executive power of the Union and states.
- Articles 124-147 and 214-231, which deal with the powers of the SC and the HCs.
- Articles 245 to 255, dealing with the Seventh Schedule of IC.
- Article 82, dealing with the representation of states in Parliament.
- Article 368 itself.
- Informally, the Constitution is also amended through judicial interpretation. For example, the process of appointment of judges to the higher judiciary.
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