Can the people propose a constitutional amendment?
The Constitution provides that an amendment may be proposed either by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of the State legislatures.
Who can initiate a constitutional amendment in India?
The power to initiate an amendment to the Constitution lies with the Parliament. The state legislatures cannot initiate any bill or proposal for amending the Constitution except in one case, that is, passing a resolution requesting the Parliament for the creation or abolition of legislative councils in the states.
Can preamble be amended under Article 368 of the Constitution of India?
As a part of the Constitution, preamble can be amended under Article 368 of the Constitution, but the basic structure of the preamble can not be amended. As of now, the preamble is only amended once through the 42nd Amendment Act, 1976.
What fraction must propose an amendment?
two-thirds
To propose amendments, two-thirds of both houses of Congress can vote to propose an amendment, or two-thirds of the state legislatures can ask Congress to call a national convention to propose amendments.
What are the steps for proposing and ratifying an amendment?
- Passage by Congress. Proposed amendment language must be approved by a two-thirds vote of both houses.
- Notification of the states. The national archivist sends notification and materials to the governor of each state.
- Ratification by three-fourths of the states.
- Tracking state actions.
- Announcement.
How can the constitution be amended article and section?
The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as …
Can Parliament amend fundamental rights?
Fundamental rights can be amended by the Parliament by a constitutional amendment but only if the amendment does not alter the basic structure of the Constitution. Fundamental rights can be suspended during a national emergency.
What are the two types of amendment?
Article V of the Constitution provides two ways to propose amendments to the document. Amendments may be proposed either by the Congress, through a joint resolution passed by a two-thirds vote, or by a convention called by Congress in response to applications from two-thirds of the state legislatures.
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