Part XX: Amendment of the Constitution
Article 368: Amendment of the Constitution
Original Article:
(1) Notwithstanding anything in this Constitution, Parliament may in exercise of its constituent power amend by way of addition, variation or repeal any provision of this Constitution in accordance with the procedure laid down in this article.
(2) An amendment of this Constitution may be initiated only by the introduction of a Bill for the purpose in either House of Parliament, and when the Bill is passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting, it shall be presented to the President who shall give his assent to the Bill and thereupon the Constitution shall stand amended in accordance with the terms of the Bill:
- (a) Changes requiring State ratification include modifications to Articles 54, 55, 73, 162, 241, and 279A; the representation of states in Parliament; or the Seventh Schedule.
- (b) These amendments require ratification by not less than half of the state legislatures before the President’s assent.
Explanations:
Article 368 grants Parliament the power to amend the Constitution, ensuring its adaptability. Key provisions detail procedures and special conditions for amendments affecting fundamental principles or federal structures.
Clause-by-Clause Explanation:
Clause (1): Power to Amend
Grants Parliament constituent power to amend any part of the Constitution, emphasizing flexibility and adaptability.
Clause (2): Procedure for Amendment
Outlines a rigorous process requiring majority approval in Parliament and, for specific changes, ratification by state legislatures.
Clause (3): Exemption from Article 13
Ensures amendments under Article 368 are not subject to judicial review under Article 13, but this is limited by the "basic structure" doctrine.
Historical Context and Amendments:
Key amendments, including the Twenty-fourth, Forty-second, and Forty-fourth, illustrate the balance between Parliament’s power and judicial oversight.
Real-Life Example:
The Twenty-fourth Amendment clarified Parliament’s power post-Golak Nath case, while the Forty-second Amendment’s overreach was checked by the judiciary in Minerva Mills case.
Frequently Asked Questions (FAQs):
The basic structure doctrine ensures that constitutional amendments do not alter the fundamental principles of the Constitution, such as democracy, federalism, and judicial independence.
Yes, but amendments cannot violate the basic structure doctrine, as ruled in the Kesavananda Bharati case.
By requiring state ratification for amendments affecting the federal structure, Article 368 ensures that states have a voice in significant constitutional changes.
References:
The Constitution of India, Article 368; landmark cases such as Kesavananda Bharati and Minerva Mills; and constitutional amendments like the Twenty-fourth and Forty-second.