Constitution — Important Questions

Article 368

Article 368, found in Part XX of the Indian Constitution, provides the procedure for amending the Constitution. It covers very important provisions such as Fundamental Rights, Directive Principles, and Fundamental Duties. Article 32 deals with constitutional remedies, Article 356 deals with President's Rule, and Article 370 (now abrogated) dealt with the special status of Jammu & Kashmir.

Half of the States

When an amendment bill in India touches provisions related to the federal system — such as election of the President, extent of executive powers of Union and State governments, composition of the Supreme Court and High Courts, representation of States in Parliament, the three lists of the Seventh Schedule, and the text of Article 368 itself — the bill must be ratified by the Vidhan Sabhas (Legislative Assemblies) of at least half of the States by a simple majority of members present and voting.

James Bryce

James Bryce described the British Constitution as 'a mass of precedents carried in men's minds or recorded in writing, dicta of lawyers or statesmen, customs, usages, understandings and beliefs, a number of statutes mixed up with customs and all covered over with a parasitic growth of legal decisions and political habits.' This beautifully captures the unwritten and evolutionary nature of the British Constitution. C.F. Strong defined constitution in terms of powers and rights, Dicey commented on constitutional law in Britain, and Jellinek defined it in terms of supreme organs of state.

3/4 of the States

In the USA, the standard method of constitutional amendment requires: (1) the bill to be passed by both Houses of Congress by a 2/3 majority of members present and voting, and (2) ratification by the legislatures of at least 3/4 of the States. This double requirement — a supermajority in Congress AND ratification by three-fourths of states — makes the US Constitution notoriously rigid, resulting in only 27 amendments in over 230 years.