20th Amendment: Procedure Of Amendment Of The Constitution.
In these days 20th amendment is heard every where here in pakistan. M.Q.M has presented a bill of amendment in the parliament.
most of the people does not know the procedure of amendment of the constitution of Islamic Republic of Pakistan. here i will try to present the procedure of amendment of the constitution.
The Constitution of Pakistan is quite rigid one because it is not easily amended.
Articles 238-239 deals with the procedure of amendment of the constitution.
Article 238 empower the parliament to make amendment and Article 239 provides the procedure for the amendment.
Parliament has not unlimited powers to make amendments in the Constitution . Only Constitution provides this right to parliament.
Who Can Make Amendment In The Constitution:
Majlis -E- Shoora i.e Parliament is empowered to amend the constitution. A bill for amendment must be passed by two thirds of the total membership of the assembly and then Senate should pass this bill by a majority of the total membership.
Object of Amendment:
The object of introducing provisions for amendment of the constitution is to bring it in line with the changing conditions and new demands and needs of time.
Where Bill To Amend Originated:
A bill to amend the Constitution may originate in Either House of the parliament.
If The Bill Is Passed By Two-Third Majority:
If the bill passed by the Votes of not less than two-thirds of the total membership of the house, it shall be transmitted to other house.
Bill In The Other House:
If the bill of amendment passed by the votes of two-third majority of the total membership of the house, it shall be transmitted to the other house from where bill shall pass by two-third majority of the membership of the house.
Assent Of The President:
If the bill of amendment passed from both the houses of Parliament it shall be presented to President for his consent.
Limitation Of Parliament's Powers:
The power of parliament to amend the constitution does not extend to alter repeal or replace the constitution. Any amendment to change the basic structure, framework and essential features is not permissible under the Constitution.
Duties Of The Court:
The court can not declare any provisions of the constitution to be invalid or repugnant on the grounds and it goes beyond the mandate given to the Parliament.
The courts are bound to enforce and intercept the law in accordance with the amendment.