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6 Articles inserted in Constitution: Government

  • Category
    Polity & Governance
  • Published
    21st Dec, 2021

Context

As per latest information provided by the Government to the Lok Sabha, 6 Articles have been inserted in the Constitution through various constitutional orders issued by the President.

About

The new added articles

  • The Constitution (Removal of Difficulties) Order No. II and the Constitution (Removal of Difficulties) Order No. III notified on January 26, 1950 had inserted Articles
    • Article 329A
    • Article 172A
    • Article 238A
    • Article 333A
    • Article 390A
  • The Constitution (Application to Jammu and Kashmir) Order, 1954 notified on May 14, 1954 had inserted Article 35A in the Appendix to the Constitution under Article 370 of the Constitution (Temporary provisions with respect to the State of Jammu and Kashmir).
    • This has since been superseded by the Constitution Order No. 272 dated August 5, 2019.

Amendment to the Constitution of India

  • Article 368 of the Indian Constitution provides the procedure of Amendment.
  • Under Article 368, the Constitution can be amended by a ‘simple majority’ or by the ‘special majority’ and by the ‘majority of not less than 2/3 members of each house’.
  • Later if the bill is passed by the majority it will be sent to the president for his assent.

Types of Majority

  • Simple Majority: vote by more than half of the members present and voting
  • Absolute Majority:  a majority of more than 50% of the total membership of the house.
  • Effective Majority: a majority of the House's effective strength (total strength minus vacant seats) of more than 50%.
  • Special Majority: majority of more than 50% of the members present and voting. There are four types of special majorities. They are as follows:
    • Special Majority according to Article 249: a majority of 2/3rd members present and voting. 
    • Special Majority according to Article 368: a majority of 2/3rd members present and voting supported by over 50% of the total strength of the House. 
    • Special Majority according to Article 368 + 50 percent state ratification by a simple majority: This type of majority is needed when a constitutional amendment tries to change the federal structure. 
    • Special Majority according to Article 61:  a majority of 2/3rd of the total strength of the House. 
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