Can you explain the procedure for the amendment of the Constitution under Article 368 and how it differs from ordinary law amendments?

Detailed Legal Analysis

The procedure for the amendment of the Constitution under Article 368 is a complex process that requires a higher level of consensus than that needed for ordinary legislation. Unlike ordinary laws, constitutional amendments can only be enacted through a specific procedure laid down in the Constitution itself.

Article 368 of the Indian Constitution provides the framework for amending the Constitution. The procedure can be classified into three types based on the nature of the amendment:

• Simple Majority of the Parliament: Some amendments can be made by a simple majority of the members present and voting in both Houses of Parliament. This includes changes to:
• Article 2 (admission or establishment of new states).
• Article 3 (formation of new states and alteration of areas, boundaries, or names of existing states).
• Special Majority of the Parliament: Certain amendments require a special majority, which means:
• A majority of the total membership of each House (more than 50% of total members).
• A majority of those members present and voting.
• Examples include amendments to fundamental rights and the structure of the Constitution.
• Ratification by States: Some amendments require not only a special majority in Parliament but also ratification by at least half of the state legislatures. This applies to amendments that:
• Change the representation of states in Parliament.
• Alter the powers of the states vis-à-vis the Centre (Articles 252, 253, and 368).

In summary, the key differences between constitutional amendments and ordinary law amendments are:

• Constitutional amendments require a specific procedure as outlined in Article 368, while ordinary laws can be amended through a simple majority.
• Certain constitutional amendments need ratification from state legislatures, which is not required for ordinary laws.
• The scope of constitutional amendments is broader, as they can modify the basic structure of the Constitution, which ordinary laws cannot do as established in the Kesavananda Bharati case (1973).

Overall, the amendment process is designed to ensure that changes to the Constitution reflect a broader consensus, acknowledging its foundational importance in the governance of the country.