Procedure

  • Art 368 mentions power of parl and procedure for amendment
  • addition, variation, removal
  • procedure in 368(2)
  • can be introduced in either house but passed by both with special majority
  • Prez MUST give assent to bill, making it an act (CAA)
    • 24th CAA, 1971 mandatory assent

Safeguards to federalism

(Provisio) Art 368(2) - bills amending provisions under subclause a-e shall get approval of atleast half the state legislatures

  • distribution of legis/exec powers b/w state center
    • legis - Pt. IX Ch I, Sch 7
    • exec - Art 73, 162
  • provisions of GST council - 279A
  • judiciary
    • SC (Pt. V, Ch 4)
    • HC (PT VI, Ch 5)
  • election of prez - Art. 54, 55
  • provision of 368 itself
  • representation of states in parl (Sch IV)

Procedure in America?

Tougher to amend. Only 27 amendments till date

Method 1

  • proposed by 2/3 of both houses of congress
  • amendment ratified by 3/4 of state legislatures

Method 2

  • if 2/3 states ask Congress to organize convention of state
  • 3/4 states at convention pass