Page 147 - DPOL202_COMPARATIVE_POLITICS_AND_GOVERNMENT_ENGLISH

Comparative Politics and Government

Notes The process of amending the American Constitution may be criticised on several grounds. First, it
is extra-ordinarily difficult, for it is not an easy affair to obtain a two-thirds majority first of both
the houses of the Congress and then such majority in three-fourths of the State legislatures. Second,
it is undemocratic; since a sizable minority may veto the decision of the majority. A little more
than one-third majority in the Congress and one-fourth majority in the States is sufficient to
negative all achieved after great deliberations and efforts. Third, there is no prescribed time limit
for ratification unless specifically determined by a resolution of the Congress. For instance, on one
occasion the State of Ohio ratified an amendment bill after 80 years. Absence of such a prescription
makes an important issue like a plaything for the States and an indefinite delay takes away the
very purpose for which the work of amendment is initiated. Fourth, there is no popular check in
the form of referendum over Central and State legislatures as we find in Switzerland and France.
The entire work of making amendment in the Constitution is entrusted to a relatively small
number of persons assembled in the Central and State legislatures.
Let us now study the process of amending the Swiss Constitution that is, indeed, a quite difficult
affair owing to the fact that various methods of effecting a total or partial change admit of both the
legislative and popular participation in this regard. We have already hinted that in this country
the process of constitutional amendment is not at all an exclusive concern of the federal and
cantonal legislatures, it requires the ratification of such measures by the people as well. What
makes it really democratic, but also very rigid, is the fact that it “makes in every case the final
sanction of the people an indispensable condition for the adoption of a proposed amendment and
its incorporation in the constitution.”
The process of amending the Constitution has been described in Chapter III of the Constitution of
1874 as amended in 1891. The distinctively peculiar thing in this direction is that the Constitution
may be subjected to two types of revisions partial or total and in each case a different procedure
has to be adopted. Thus, the process of amending the Swiss Constitution may be discussed under
these two heads partial revision and total revision.
Partial Revision: It means amendment of any particular clause or clauses of the existing
Constitution. Its procedure is as follows:
1. If the proposal has been passed by both the Houses of the Central legislature (Federal Assembly),
it is referred to the people for ratification at the polls. If in such a case the majority gives its
verdict in favour, it comes into force.
2. The people may take the initiative. If the proposal is put forth through a popular initiative in
the form of general principles only, the general outline is put to popular vote and if it is
supported by a majority of the voters, then the Federal Council drafts the amendment embodying
the principles and the same is submitted to a fresh referendum. But the people may also
present their proposal in the form of a complete draft of the desired amendment. In such a case,
the proposal will be discussed in the Federal Assembly and after it has given its vote in its
favour, it will be put to referendum. However, if the Federal Assembly does not agree with the
proposed amendment, it may recommended its rejection or put forward its own counter-
proposals and then submit them to a popular vote. In this way, the acceptance of the proposal
emerging from a popular initiative or of an alternative proposal submitted by the Federal
Assembly or the rejection of both, is left to the decision of the majority of voters and of the
cantons.
Total Revision: It means replacement of the existing Constitution by an entirely new Constitution.
Its procedure is as follows:
1. The proposal of amending the Constitution in full may come from the National Council or the
Council of States, each House approving of it in a separate resolution. If the two Houses of the
Federal Assembly approve of it, it is submitted to the people for their verdict at the polls. If it
is approved by a majority of Swiss voters, it comes into force.
2. If the proposal is accepted by one House and rejected by other house the of Federal Assembly,
or if the proposal is put through popular initiative (supported by at least 1,00,000 voters), the
matter has to be submitted to a referendum. If a majority of the Swiss voters gives its decision

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