Criticism of Amendment Procedure

By : Neha Dhyani

Updated : Jun 10, 2022, 9:27

The Constitution of India is both rigid and flexible. The makers of the Constitution have provided a provision for the Amendment to cover the evolving needs of society, which means there is a possibility of making changes through a formal modification to the written text of the Constitution.

What Is The Amendment Procedure?

It involves the addition of a new clause or article, deleting an existing clause or article, or improving an article. The Amendment needs to follow a set procedure which includes passing it through several legislative assemblies before sending it to the president for approval.

An article of the Indian Constitution deals with the power of the Amendment and the procedure it follows. It tells that an amendment can only be commenced after a Bill is passed in both the Houses of Parliament with a majority of at least two-thirds of those present.

However, there is Criticism of Amendment Procedure by the intellects who outline various shortcomings that could be worked on.

Common Criticism of Amendment Procedure

Here is what you need to know regarding the criticism of the amendment procedure:

The first criticism of the amendment procedure is that there is no special body constructed to facilitate the change in the Constitution like the Constitutional Convention or Constitutional Assembly as in other countries. The power to commence an amendment to the Constitution only lies in the hands of the Parliament.

Unlike in nations like the USA, no legislatures in India can initiate a bill or proposal for constitutional Amendment except when passing a resolution that seeks to create or eliminate legislative councils.

Secondly, the Parliament can change the majority of the Constitution through either a simple majority or a special majority. The consent of the state legislatures is often not required, except in a few cases where only half of them are needed, which is three-fourths in the United States.

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Lack of A Time Frame & Clarity On Certain Issues

The Constitution prescribes no time frame for the state legislatures to reject or ratify an amendment presented to them. There is also the question of whether states can withdraw their approval once it has been given, something that still lacks clarity.

Another key source of criticism is the fact that there is no provision to hold a joint sitting of both Houses of Parliament in case of a deadlock. While passing an ordinary bill, however, there are provisions for a joint sitting.

Lastly, the procedure for the Amendment to the Constitution is very similar to that of any other legislative process. Apart from requiring a special majority, amendment bills follow a path similar to other ordinary bills while also leaving a lot of room for judicial interventions.

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Key Takeaway

Though the makers of the Indian Constitution have included special provisions for Amendment and outlined the procedure, there has been plenty of criticism of the amendment procedure itself. These have been discussed in the article.

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FAQs on Criticism of Amendment Procedure

Q1. Concerning Criticism of Amendment Procedure, why is an amendment to the Constitution needed?

Concerning Criticism of Amendment Procedure, The Constitution needs to be amended over time to modify provisions that are inadequate to meet the changing and emerging needs of society. Criticism of Amendment Procedure stems from these dire needs.

Q2. With regard to Criticism of Amendment Procedure, what is the latest Amendment to the Constitution of India?

With regard to Criticism of Amendment Procedure, The 104th Amendment was the latest change to the Indian Constitution in 2020.

It aims to extend the deadline for reservation of SC/ST seats in Lok Sabha and assemblies by ten years. Similarly, the process dragged on for years, further adding to the criticism of the amendment procedure.

Q3. With regard to Criticism of Amendment Procedure, how many ways are there to amend the Indian Constitution?

With regard to Criticism of Amendment Procedure, An amendment can be made to the Constitution of India in three ways by simple majority, by special majority, and by ratification by the state legislatures.

As expected, the Constitution is protected with extensive measures, making it difficult to modify, giving rise to certain Criticism of Amendment Procedure across different quarters of the country.

Q4. With regard to Criticism of Amendment Procedure, in which case is the amending power of the Constitution restricted?

With regard to Criticism of Amendment Procedure, The amending power gets limited when a conflict occurs between the Supreme Court and the Parliament.

These are among the many restrictions placed on the amenability of the Constitution, which has since met with extensive Criticism of Amendment Procedures from different sectors of the country.

Q5. With regard to Criticism of Amendment Procedure, what is the procedure for the Amendment to the Constitution similar to?

With regard to Criticism of Amendment Procedure, Regarding Criticism of Amendment Procedure, the procedure for the Amendment to the Constitution is similar to that of any other legislative process.