Fwd: constitution amendment bill,2011 review it

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From: Vijay Singh <vijayksbmm@yahoo.com>
Date: Wed, Mar 23, 2011 at 3:04 AM
Subject: constitution amendment bill,2011 review it
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constitution amendment bill,2011 review it

CONSTITUTION AMENDMENT BILLS

Bills seeking to amend the Constitution are of three types:—

(1) Bills that are passed by Parliament by simple majority;

(2) Bills that have to be passed by Parliament by the special majority prescribed in article 368(2) of 

the Constitution; and

(3) Bills that have to be passed by Parliament by the special majority as aforesaid and also to be 

ratified by not less than one-half of the State Legislatures.

Bills that are not deemed as Constitution Amendment Bills

2. Bills for amendment of the following provisions of the Constitution are passed by both Houses 

of Parliament by a simple majority of members present and voting :

(a) admission or establishment of new States, formation of new States, and alteration of areas, 

boundaries or names of existing States (articles 2, 3 and 4);

(b) creation or abolition of Legislative Councils in the States (article 169);

(c) administration and control of Scheduled Areas and Scheduled Tribes (para 7 of the Fifth 

Schedule); and

(d) administration of Tribal Areas in the States of Assam, Meghalaya, Tripura and Mizoram (para 

21 of the Sixth Schedule).

3. These Bills are not deemed as Constitution Amendment Bills under article 368 of the 

Constitution and, therefore, these are not called by the title 'Constitution Amendment Bills'.

4. Though normal legislative procedure holds good in respect of these Bills, Bills providing for 

matters in sub paras (a) and (b) above, in addition, require respectively the recommendation of 

the President for introduction and the prior adoption of necessary resolution by the State Legislative

Assembly concerned.

5. Such Bills are presented to the President for his assent under article 111 of the Constitution.

Constitution Amendment Bills

6. Bills seeking to amend all other provisions of the Constitution including those enumerated in the 

proviso to article 368(2) are called by the title 'Constitution Amendment Bills'. These Bills can be 

introduced in either House of Parliament. If sponsored by a Private Member, the Bill has to be 

examined in the first instance and recommended for introduction by the Committee on Private 

Members' Bills and Resolutions before it is included for introduction in the List of Business. Motions for 

introduction of the Bills are decided by simple majority.

7. Constitution Amendment Bills are not treated as Money Bills or Financial Bills. Accordingly, 

President's recommendation under articles 117 and 274 of the Constitution in regard to these Bills 

is not asked for. However, if the recommendation is communicated by the Minister, it is published in 

the Bill or in the Bulletin, as the case may be, for information of members.

Special Majority

8. Constitution Amendment Bills have to be passed in each House of Parliament by a special 

majority  ie. by a majority of the total membership of that House and by a majority of not less than 

two-thirds of the members of the House "present and voting". The expression "total membership"

means the total number of members comprising the House irrespective of whether there are 

vacancies or absentees on any account. The expression "present and voting", means members 

who vote for "ayes" or for "noes". Members who are present in the House and vote "abstention"

either through the electronic vote recorder or on a voting slip or in any other manner, are not 

treated as "present and voting."

9. Taking a strict interpretation of the Constitutional provision, the special majority prescribed may 

be required only for voting at the third reading stage, but by way of caution, the requirement of 

special majority has been provided for in the Rules of Procedure and Conduct of Business in Lok Sabha 

in respect of all the effective stages of the Bill  ie. motion that the Bill be taken into consideration, 

motion that the Bill, as reported by the Select or Joint Committee, be taken into consideration, motion 

that the Bill, as passed by Rajya Sabha, be taken into consideration, motion for adoption of clauses 

and schedules to the Bill and finally for the adoption of the motion that the Bill be passed. Motions that 

the Bill be circulated for eliciting opinion thereon or that the Bill be referred to a Select or Joint

Committee are passed by simple majority.

10. Whenever a motion has to be carried by a special majority, voting is always by a division. 

The Speaker, while announcing the result of the voting, makes a special mention of the fact that 

motion has been carried by the special majority.

CONSTITUTION AMENDMENT BILLS Page 1 of 2

http://164.100.47.132/LssNew/abstract/constitution_amendment_bills.htm 3/22/201111. Each clause or schedule is put to the vote of the House separately and carried by the 

special majority. The Speaker may, however, with the concurrence of the House, put any 

group of clauses or schedules together to the vote of the House in which case the result of the voting

shall be taken as applicable to each clause or schedule separately and so indicated in the 

proceedings. However, if any member requests that any of the clauses or schedules be put 

separately, the Speaker complies with such a request. The Short Title (clause 1), the Enacting 

Formula and the Long Title of the Bill are adopted by simple majority. Where Short Title (clause 1) 

contains provision regarding commencement of the Act, it is also adopted by the special majority.

12. Amendments to clauses or schedules are decided by simple majority as in the case of any 

other Bill.

Ratification by the State Legislatures

13. A Constitution Amendment Bill which seeks to make any change in articles relating to:—

the election of the President, or

the extent of the executive power of the Union and the States, or

the Supreme Court and the High Courts, or

distribution of legislative powers between the Union and States, or representation of States 

in Parliament, or

the very procedure for amendment as laid down in article 368 of the Constitution,

after it is passed by the Houses of Parliament by the special majority, has also to be 

ratified by Legislatures of not less than one-half of the States by resolutions to that effect passed by 

them before the Bill making provision for such an amendment is presented to the President for 

assent.

Joint Sitting

14. In case of any disagreement between the two Houses of Parliament on a Constitution 

Amendment Bill, there cannot be a joint sitting of the Houses of Parliament on the Bill as article 368

of the Constitution requires each House to pass the Bill by the prescribed special majority.

Assent to Constitution Amendment Bills

15. Constitution Amendment Bills passed by Parliament by the prescribed special majority 

and, where necessary, ratified by the requisite number of State Legislatures are presented to the 

President under article 368 of the Constitution under which the President is bound to give his assent 

to such Bills.

[Constitution Amendment Bills are governed by article 368 of the Constitution and Rules 155—

159 of Rules of Procedure and Conduct of Business in Lok Sabha.]

CONSTITUTION AMENDMENT BILLS Page 2 of 2

http://164.100.47.132/LssNew/abstract/constitution_amendment_bills.htm 3/22/2011

--
Palash Biswas
Pl Read:
http://nandigramunited-banga.blogspot.com/