Constitutional Amendment Bill

A Constitutional Amendment Bill is a bill introduced to modify, add, or remove provisions in the Indian Constitution. The procedure for amendment is defined under Article 368 of the Constitution.✅📚

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1. What is a Constitutional Amendment Bill?

🔹 A Constitutional Amendment Bill is a bill that seeks to amend the Indian Constitution.
🔹 Introduced in either House of Parliament (Lok Sabha or Rajya Sabha).
🔹 Requires special procedures as defined in Article 368.

📌 Example:

• The 42nd Amendment Act (1976) made major changes, including adding the words “Socialist” and “Secular” to the Preamble.

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2. Types of Constitutional Amendments

1️⃣ Amendment by Simple Majority (Outside Article 368)

✅ Passed like an ordinary bill (only a simple majority needed).
✅ Used for changes in non-fundamental provisions.

📌 Example:

• Formation of new states (Article 3).
• Changes in the Second Schedule (Salaries of President, Governors, Judges, etc.).

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2️⃣ Amendment by Special Majority (Under Article 368)

✅ Requires a “special majority” (Two-thirds majority of members present and voting, and more than 50% of total strength of the House).
✅ Used for most constitutional amendments.

📌 Example:

• 73rd and 74th Amendments (1992) introduced Panchayati Raj and Municipalities.

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3️⃣ Amendment by Special Majority + State Ratification

✅ Requires approval of Parliament (Special Majority) + Ratification by 50% of State Legislatures.
✅ Used for amendments that affect federal relations.

📌 Example:

• Goods and Services Tax (GST) was introduced by the 101st Amendment (2016).
• Changes in Election of President (Article 54, 55).

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3. Procedure for Amendment (Under Article 368)

Step 1: Introduction

✅ A Constitutional Amendment Bill is introduced in either Lok Sabha or Rajya Sabha.
✅ No prior recommendation of the President is required.

Step 2: Debate and Voting

✅ The Bill must be passed by a special majority in each House:

• 2/3rd of members present and voting
• More than 50% of total strength of the House

Step 3: State Ratification (If Required)

✅ If the amendment affects the federal structure, it must be ratified by at least 50% of State Legislatures.

Step 4: President’s Assent

✅ The President must give assent (No veto power).
✅ After the President’s assent, the amendment becomes law.

📌 Example:

• The GST Bill (101st Amendment) needed approval from states as it affected federal taxation powers.

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4. Key Constitutional Amendments in India

Amendment	Year	Key Changes
1st Amendment	1951	Added reasonable restrictions on Fundamental Rights.
7th Amendment	1956	Reorganized states on linguistic basis.
24th Amendment	1971	Parliament can amend Fundamental Rights.
42nd Amendment	1976	Added Socialist, Secular, and Integrity to Preamble; Increased Parliament’s power.
44th Amendment	1978	Restored Fundamental Rights (removed by 42nd Amendment).
73rd & 74th Amendments	1992	Introduced Panchayati Raj and Municipalities.
101st Amendment	2016	Introduced Goods and Services Tax (GST).

📌 Example:

• The 42nd Amendment (1976) is called the “Mini-Constitution” due to its extensive changes.

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5. Important Supreme Court Cases on Constitutional Amendments

Case Name	Year	Significance
Shankari Prasad Case	1951	Parliament can amend Fundamental Rights.
Golak Nath Case	1967	Parliament cannot amend Fundamental Rights.
Kesavananda Bharati Case	1973	Established Basic Structure Doctrine (Parliament cannot destroy the Constitution’s basic structure).
Minerva Mills Case	1980	Strengthened Basic Structure Doctrine.

📌 Example:

• In the Kesavananda Bharati Case (1973), the Supreme Court ruled that Parliament cannot alter the Basic Structure of the Constitution.

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6. Key Facts About Constitutional Amendments

Feature	Details
Defined In	Article 368
First Amendment	1951
Most Comprehensive Amendment	42nd Amendment (1976)
Restored Fundamental Rights	44th Amendment (1978)
Only Amendment to be Rejected by Parliament	122nd Amendment (GST Bill, first version)
Latest Amendment (As of 2024)	105th Amendment (OBC Reservation, 2021)

📌 Example:

• The 44th Amendment (1978) removed the provisions of the 42nd Amendment that weakened Fundamental Rights.

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7. MCQs on Constitutional Amendment Bill

1. Under which article is the procedure for amending the Constitution defined?

a) Article 368
b) Article 356
c) Article 370
d) Article 124
✅ Answer: a) Article 368

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2. Which amendment added the words “Socialist” and “Secular” to the Preamble?

a) 24th Amendment
b) 42nd Amendment
c) 44th Amendment
d) 73rd Amendment
✅ Answer: b) 42nd Amendment

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3. Which of the following amendments introduced the GST?

a) 73rd Amendment
b) 86th Amendment
c) 101st Amendment
d) 102nd Amendment
✅ Answer: c) 101st Amendment

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4. Which case established the “Basic Structure Doctrine”?

a) Kesavananda Bharati Case
b) Golak Nath Case
c) Shankari Prasad Case
d) Minerva Mills Case
✅ Answer: a) Kesavananda Bharati Case

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5. Which amendment introduced Panchayati Raj in India?

a) 42nd Amendment
b) 73rd Amendment
c) 86th Amendment
d) 101st Amendment
✅ Answer: b) 73rd Amendment

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8. Conclusion

The Constitutional Amendment Bill plays a crucial role in updating and modifying the Indian Constitution. While Article 368 provides the amendment procedure, certain amendments require State Ratification to protect India’s federal structure. Understanding major amendments, Supreme Court cases, and procedures is essential for competitive exams. ✅📚

🚀 Want more? Drop your queries in the comments below! 👇