How Constitution amendment Bills are passed?

• A special three-day session of the Parliament began on April 16. 

• It will have a debate on the Constitution amendment Bill that has provisions for the women’s quota law implementation and the delimitation exercise.

• The Opposition has decided to oppose the Bill due to its provisions on delimitation. 

• Amending the Constitution requires a special majority in both Houses of Parliament — a majority of the total membership (more than 50 per cent) and a two-thirds majority of members present and voting. 

• So if all 540 members, that are there in the House currently, are present and voting, the two-thirds majority mark would be 360.

• The total strength of the NDA in the Lok Sabha stands at 292, while the major Opposition parties have 233 MPs.

Constitution Amendment Bills

• The basic function of Parliament is to make laws. All legislative proposals have to be brought in the form of Bills before Parliament. 

• A Bill is a statute in draft and cannot become law unless it has received the approval of both the Houses of Parliament and the assent of the President of India.

• The process of law making begins with the introduction of a Bill in either House of Parliament. 

• A Bill can be introduced either by a Minister or a member other than a Minister. 

• In the former case, it is called a government Bill and in the latter case, it is known as a Private Member’s Bill.

• The Constitution vests in Parliament the power to amend the Constitution. 

• Constitution Amendment Bills can be introduced in either House of Parliament. 

• While motions for introduction of Constitution Amendment Bills are adopted by simple majority, a majority of the total membership of the House and a majority of not less than two-thirds of the members present and voting is required for adoption of effective clauses and motions for consideration and passing of these Bills.

• For some articles of the Constitution, special majority is not sufficient. 

• When an amendment aims to modify an article related to distribution of powers between the states and the central government, or articles related to representation, it is necessary that the states must be consulted and that they give their consent. 

• The Constitution has ensured this by providing that legislatures of half the states have to pass the amendment Bill before the amendment comes into effect.

• The Constitution does not permit a joint sitting in case of disagreement between the Houses on the matter of Constitution Amendment Bills.

• Since its adoption on January 26, 1950, India’s Constitution has been amended over 100 times.