SSC
The procedure for the amendment of the Indian Constitution is generally said to have been borrowed from the constitution of:
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Answer: Option D — South Africa
Detailed Solution
The procedure for amending the Constitution is generally said to have been borrowed from the Constitution of South Africa (the Union of South Africa Act, 1909).
The South African model:
- The Union of South Africa was formed in 1910, as a self-governing dominion of the British Empire.
- Its constitution provided that most of its provisions could be amended by the Parliament, while some important provisions required a special procedure.
- This combination of an easy and a difficult procedure influenced the makers of the Indian Constitution.
Amendment of the Indian Constitution:
- The Constitution provides a special procedure for its own amendment, which is laid down in a separate Part of the Constitution.
- An amendment can be initiated only by introducing a bill in either House of Parliament, not in the state legislatures; it does not need the prior permission of the President.
- It must be passed in each House by a special majority: a majority of the total membership of the House and a majority of two-thirds of the members present and voting.
- There is no provision for a joint sitting of the two Houses in the case of a constitutional amendment bill.
- If the amendment affects the federal provisions, it must also be ratified by the legislatures of at least half of the states, by a simple majority.
- The President must give assent to a constitutional amendment bill; the President cannot withhold assent or return the bill (after the 24th Amendment, 1971).
Kinds of amendment:
- Some provisions can be changed by a simple majority of Parliament, like ordinary laws.
- Most provisions need a special majority of Parliament.
- Some need a special majority of Parliament and ratification by half of the states.
Limits on amendment:
In the Kesavananda Bharati case, the Supreme Court held that Parliament can amend any part of the Constitution, but cannot change its "basic structure".
Why not the other options?
- ✗The USA, Britain and Australia were not the main source of this procedure.
Quick tip
Remember: procedure of constitutional amendment = borrowed from South Africa; special majority of Parliament, and ratification by half the states for federal provisions.
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Constitutional Amendments — Preparation
This question tests your understanding of Constitutional Amendments, a key topic in the General Knowledge section. The detailed solution above uses a step-by-step approach to show the reasoning, and where available, a shortcut that helps you solve similar questions in under 90 seconds during the actual exam.
This topic covers the procedure for amending the Constitution under Article 368 and the most important amendments, such as the 1st, 7th, 42nd, 44th, 52nd, 61st, 73rd, 74th, 86th, 101st and 103rd Amendments, along with the basic structure doctrine. Exams ask what a particular amendment did: the 61st lowered the voting age from 21 to 18, the 73rd and 74th gave constitutional status to panchayats and municipalities, the 86th made education a Fundamental Right, and the 101st introduced GST. The 42nd Amendment (1976) is often called the 'mini-Constitution' because of how much it changed. Practise the constitutional amendments questions below, written in the style of the general awareness sections of exams such as SSC, banking, railways, CUET GAT, MAH CET and CLAT. Each question comes with a detailed explanation that adds related facts, so every question helps you revise more than one point.