Amending Procedure of UK, US and Indian Constitution
- The British constitution is a very flexible constitution. It can be amended, partially or wholly, by an ordinary law passed by the British parliament. There is no distinction between constitutional law and ordinary law and each can be amended or repealed or replaced by the British parliament.
- The US constitution is a very rigid constitution. Article V of the US constitution lays down a difficult method of Amendment. An Amendment proposal in the US constitution has to pass through two stages: 1) Proposal stage, and 2) Ratification stage. An Amendment proposal which successfully passes the two stages do not require presidential signature.
- The mixture of rigidity and flexibility in Indian constitution was devised to safeguard the basic provisions of the constitution from hasty changes and at the same time to render any easy alteration of its less important aspects possible and thus to impart a degree of flexibility to it.
- Part XX of the constitution deals with amendment of the constitution. There are three basic ways in which amendment can be made.
- Most of the provisions can be amended by the parliament through the passing of an amending act by a majority of total membership and 2/3rd majority of members present and voting in each house.
- Ten provisions (articles/parts/chapters/schedules) of constitution can be amended first by passing the amendment bill in accordance with the specified procedure and then getting it rectified by at least half of the state legislatures.
- Several specified constitutional provisions can be amended by the parliament by an ordinary law of the parliament passed by a simple majority. State legislatures have been denied the power to initiate amendments.