As you all may know, Constitution of India is both rigid and flexible. It allows for amendment of some provisions by a simple majority as like passing a law by the government. For some provisions, it requires two special methods. Article 368 deals with these two special methods of amending the constitution.
- 2/3rd Majority in the Parliament: In this method, the Union Government alone can amend the constitution by introducing a bill in both the houses of parliament and passing by the majority of the total members of each of the houses and 2/3rd of the number of members present and voting.
- Ratification by State Legislatures: It is a very rigid method applicable to the amendment of some major provisions like Election of President of India, Provisions regarding Supreme Court of India, Provisions regarding High Courts, Executive Powers of Union and Executive Powers of State etc. In this method, the Bill has to be passed by the majority of members of the both houses and 2/3rd of the number of members present and voting. Then the bill has to be ratified by at least one half the State Legislatures. Once it is ratified, the amendment is done after the President sign the bill.
Thus the amendments of the constitution can be done by simple majority, a 2/3rd majority, and a 2/3rd majority with ratification by the state legislatures. Thus the constitution is flexible while amending some provisions, rigid when amending some important provisions and very rigid while amending major provisions. Thus the Constitution of India is said to be both flexible and rigid.
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