The American constitution is the most rigid constitution of the world? Or
Discuss the Procedure of Amendment of the American Constitution?
Introduction: -
The US constitution is written & rigid in its nature. It is rigid because the process of its amendment is very difficult and complicated. Special method is required to amend the constitution. It is due to this reason that only 26 amendments have been made in the constitution so far.Process of Amendment;-
Article V of the US constitution prescribes the amending process.Stages of Amending Process;-
The amending process has two stages one of the proposal and the second of ratification. These two stages can be conducted in following ways:-a. Proposal Initiated by Congress;-
An amendment may be proposed by two thirds majority in each house of the congress. It must be ratified by three-fourth of the total number of the states. The ratification may be done either by the state legislatives or by the special conventions held in the stated for this purpose.b. Amendment Initiated by State Legislation;-
The states may also themselves take the initiative in proposing amendment. If two thirds of the state legislatures apply to the congress for this purpose, the congress calls a constitutional convention which shall on the basis of original recommendation propose the amendment. These amendments must be ratified by three fourths of total number of sates. The ratification may be done either by the states legislature or by special conventions held in the states for this purpose.Modes of Ratification;-
The modes of ratification to be determined by the congress.Time Limit for Ratification;-
Formerly, there was no time limit for the ratification of a bill passed by the congress. It is stated that in one case the ratification was made after 80 years. However the law has been changed and it is provided that eh whole process of ratification must be completed within 7 years and if it is not done the amendment falls through.Assent of President Not Necessary;-
It was held by a supreme court that a amendment is solely a legislative function and the president need not assent to a proposed amendment before it is send to the states.
Restriction on Amendment;-
The constitution has itself laid down certain restriction on its amendment.
a. Article V of the constitution says that no state without its consent shall be deprived of its equal suffrage in the senate.
b. Article IV, section 3 (i) of the constitution says that a state cannot be divided into tow or more state nor two or more states can be combined into one without the consent of the legislature concerned.
