Sankari Prasad Singh Deo v Union of India(UOI) and the state of Bihar
Issue: whether the first constitutional amendment 1951 passed by the parliament which included article
31 A and Article 31 B valid or not?
The court found that the constitution provides three classes of amendments:
1. Bare majority: the provisions which can be passed by a bare majority as required under the
ordinary law. Like articles 4, 169 etc.
2. Special majority: this type of amendment works according to section 368
ARTICLE 368 LAYS THE PROCEDURE FOR THE AMENDMENT OF LAWS BY THE
PARLIAMENT.
Article 368 states that the amendment to the constitution can only be made after a
bill is introduced in either of the houses of parliament and when the bill is passed in
the houses it is sent to the president for his assent and when he signs the bill it
becomes the law. The bill must be passed by the majority of both the houses and the
majority cannot be less than 2/3 rd. of the members of the house.
3. Special majority + ratification: this type of amendment requires in addition to the special
majority special ratification after passing of resolution but by not less than ½ of t state specified
in parts A and B of the first schedule. But this amendment will amend the proviso of article 368.
The court in reply to the above-mentioned types of the amendment states that the need for a different
majority in the same body which affects the second and third types of amendment cannot be
considered a different agency for making amendments.