Articles of the Indian Constitution that may be amended by a simple majority

Different degrees of rigidity attach to different portions of the Constitution, depending on their importance and significance. Constitutional provisions of comparatively less significance can be amended by simple majority as is adopted for passing any ordinary law in the Parliament. Several Articles of the Constitution make provisions of a tentative nature, and the Parliament has been given power to make laws making provisions different from what these Articles provide for. Such a law can be made by the ordinary legislative process, and is not to be regarded as an amendment of the Constitution and is not subject to the special procedure prescribed in Article 368. 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.

Articles of the Indian Constitution that may be amended by a special majority

Those constitutional provisions which are material and vital are made relatively stable as these can be amended only by following the rule of special majority as laid down in Articles 368. Articles of the 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 2/3 of the members of that house present and voting.

Articles of the Indian Constitution that may be amended by a special majority and ratified by the states

If amendment under Article 368 (2) seeks to make any change in (a) Article 54, Article 55, Article 73, Article 162 or Article 241, or  (b) Chapter IV of Part V, Chapter V of Part VI, or Chapter I of Part XI, or (c) any of the Lists in the Seventh Schedule, or  (d) the representation of States in Parliament, or  (e) the provisions under Article 368 itself,  then in such circumstances the amendment shall also require to be ratified by the Legislature of not less than one half of the States by resolution to that effect passed by those Legislatures before the Bill making provision for such amendment is presented to the President for assent.

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