" it has been the nature of the amending process itself in Federation which has laid political to classify Federal constitution as rigid a federal constitution is generally regied in character as the procedure of amending is undivali complicated the procedure of amendment in America constitution is a very difficult so is the case with Australia Canada and Switzerland it is a common criticize of Federal constitution that is two conservative to difficult alter and that is consequently behind the times the machinery of amendment should be like a safety value so divide as neither to operate the machine with two great facility not to require in order to set in motion and accumulation of force sufficient to explode it the constitutional maker have have their for Cape the balance between danger of having non amendment table constitution and a constitution which is the to easily amendable
1- one can there for safely say that the Indian Federation will not suffer from the fault of rigidity of legalism it's distinguishing feature is that is a flexible Federation for the purpose of amendment the various article of the Constitution are divide into 3 categories
1> amendment buy simply majority article that can be amend by Parliament by simple majority as that required for passing of any ordinal law the amendment completed in article 5 169 and 239-A can we made by simple majority these article are specifically include form the previouscribe in Article 368
2> amendment by special majority article of the constitution which can be amended by special majority has lay down in Article 368 all Constitutional Amendment the other than those refer to above come within this category and must be affected by a majority of the total membership of each house of parliament as well as by a majority of not less than 2/3 of the member of that house present and voting
3> bhai special majority and ratification by State article which require in addition to the special majority amended above rectification by not less than 1 by 2 of the state legislature the state are given an important voice in the amendment of these matter these are fundamental matters where state have important power under the constitution effect the fundamental basis of the system built of by the constitution please class of article consist of amendment which receipt to make any change in the provision mention in Article 368 the following provision require such a ratification by the states:
1) election of the president- article 5 4 and 55•
2) extent of the executive power of Union and State -article 73 and 162•
3) articles dialing with Judiciary Supreme Court High Court in the state and union territory -article 124 to 147 214 ,to231 241
4) distribution of legislative power between the centre and the state -article 245 to 255
5) the list of the VIIth
schedule
6) representation of state in Parliament IV th schedule
7) Article 368 itself
Procedure for amendment-
Able to amend the constitutional may be introduced in either House of Parliament it must be passed by each house by a majority of total membership to that house and by a majority of not less than two by three of the member of that house present and voting when a bill is called by both house it Selvi represent to the president for this Ascent who sell give his Ascent to bill and their up on the constitutional stand provision mention in Article 368 required in addition to the special majority mention above the ratification by the one by two of the states
Article 368however, does not constitution the complet code the process of amending
The constitution is the legislature process governed by the rules of that process :
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