Almost 71.5 crore voter chose to vote and out of which the Congress led UPA managed to come up with flying colors. Now that it is sure that the only Party (alliance) that can form a government is Congress (UPA), everyone is offering their support be it conditional or unconditional. Looking at the current scenario where Mayawati led BSP, or Mulayam led SP are willing to support the new government from outside just to show that they welcome any government which is Secular and non BJP. On the other hand it is to be noted that it is a compulsion for the Congress led UPA as well to have these small but important parties in their favor.
There are constitutional glitches that contain UPA to go on their own even if they have the magic number of 272 in the upcoming 15th Lok Sabha. In order to ensure that the government of UPA works fine in future and the plans they make get executed smoothly they will have to take into consideration the Rajya Sabha as well. Congress and its allies have only 89 members where as to make any bill go out of the house on a positive note they would need 118 affirmatives. For the same it becomes mandatory for Congress to ensure that they have the required members in place and thus they would not like to go against any party other than NDA allies. The provision of bills becoming an Act in the Parliament is discussed in detail in the Constitution of India. Now that more and more people have shown interest in political process of the nation here is the information on what it takes to make any change in the existing arrangement given in the Constitution.
Provision for amendment of the Constitution is made with a view to overcome the difficulties which may encounter in future in the working of the Constitution. No generation has monopoly of wisdom no has a right to place letters on future generations to mould the machinery of government according to their requirements. If no provisions were made for the amendment of the Constitution, the people would have recourse to extra Constitutional methods like revolution to change the Constitution.
For the purpose of amendment, the various Articles of the Constitutions care divided into three categories.
1. AMENDMENT BY SIMPLE MAJORITY:
Articles which can be amended by Parliament by simple majority as that required for passing of any ordinary law. The amendments contemplated in Articles 5, 169 and 239-A, can be made by simple majority. These Articles are specifically excluded from the purview of the procedure prescribed in Article 368.
2. AMENDMENT BY SPECIAL MAJORITY:
Articles of Constitution which can be amended by special majority as laid down in Article 368. All Constitutional amendments, other than those referred to above, come within this category and must be effected by a majority of the total membership of each House of Parliament as well as by a majority of not less than 2/3rd of the members of that House present and voting.
3. AMENDMENT BY SPECIAL MAJORITY AND RATIFICATION BY STATES:
Articles which require, in addition to the special majority mentioned above, ratification by not less than ½ of the State Legislature. The States are given an important voice in the amendment of these matters. These are fundamental matters where States have important Power under the Constitution and any unilateral amendment by Parliament may vitally affect the fundamental basis of the system built up by the Constitution. This class of Articles consists of amendments which seek to make any change in the provisions mentioned in Article 368. The following Provisions require such ratification by the States.
(i) Election of the President- Article 54 & 55
(ii) Extent of Executive Powers of the Union and States- Articles 73 & 162
(iii) Articles dealing with Judiciary, Supreme Court, High Court in the States and the Union Territories- Article 124-147,214-231 & 241.
(iv) Distribution of Legislative powers between the Center and the States- Articles 245 -255
(v) Any of the Lists of the VIIth Schedule
(vi) Representation of States in Parliament IVth Schedule.
(vii) Article 368 itself.
May 19th, 2009
Aman 

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