Eleanor Finch
Article 368 of the Indian Constitution outlines the power of the Parliament to amend the Constitution. It grants Parliament the authority to add, remove, or modify provisions in the Constitution, with certain limitations. The article establishes the requirement for a two-thirds majority in Parliament and, in some cases, the consent of half of India's states for an amendment to be passed. Additionally, Article 368 ensures the preservation of fundamental rights and the 'basic structure' of the Constitution. The procedure for amendment under Article 368 safeguards the sanctity of the Constitution and prevents arbitrary use of power by Parliament.
| Characteristics | Values |
|---|---|
| Article Number | 368 |
| Amendment Initiation | Introduction of a Bill in either House of Parliament |
| Amendment Approval | Two-thirds majority in Parliament and consent of half of India's States |
| Amendment Ratification | Ratification by Legislatures of at least half of the States |
| Amendment Presentation | Presented to the President for assent |
| Amendment Validity | Cannot violate fundamental rights (Article 13) |
| Amendment Limitations | Cannot affect the 'basic structure' of the Constitution |
| State Involvement | Necessary to protect States' interests |
| Amendment Types | Special majority in Parliament, special majority with State ratification |
| Amendment Process | Laid down in Part XX (Article 368) of the Constitution of India |
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What You'll Learn
Article 368 of the Indian Constitution
The Indian Constitution is the most frequently amended national constitution in the world. It is amended roughly twice a year, and these amendments are made to address matters that would be addressed by statute in other democracies.
However, there are certain limitations to the amending power of Parliament. Firstly, any amendment must be initiated by the introduction of a Bill in either House of Parliament, and it must be passed by a majority of the total membership of that House and by a majority of not less than two-thirds of the members present and voting. The Bill is then presented to the President for assent. Secondly, if the amendment seeks to make changes to specific articles or chapters of the Constitution, it must be ratified by the Legislatures of at least one-half of the States by resolution before being presented to the President.
Additionally, the Supreme Court has acted as a check on the power of Parliament to amend the Constitution, particularly in cases where fundamental rights are at stake. The Basic Structure Doctrine, established by the judiciary, further restricts Parliament's amending power by preserving the fundamental freedoms and rights guaranteed to citizens in the Constitution.
Overall, Article 368 of the Indian Constitution provides a framework for amending the nation's supreme law while also ensuring its sanctity and protecting the fundamental rights of citizens.
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Amendments by special majority
Article V of the United States Constitution outlines the procedures for amending the Constitution. It establishes two methods for proposing amendments: the first method, which has been used for all amendments thus far, requires a two-thirds vote in both the House of Representatives and the Senate. The second method, which has never been used, allows states to bypass Congress by calling a convention for proposing amendments upon the request of two-thirds of the state legislatures (34 as of 1959). This convention can propose amendments regardless of Congress's approval, and these proposed amendments would then be sent to the states for ratification.
To become part of the Constitution, an amendment must be ratified by either the legislatures of three-quarters of the states (38 out of 50 states) or by ratifying conventions in three-quarters of the states. The mode of ratification is determined by Congress, and the vote of each state carries equal weight, regardless of its population or length of time in the Union. The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register.
The amendment process has been criticized for being too strict and biased in favor of the federal government, making it difficult to enact amendments that limit the national government's powers. However, others argue that the strict process ensures that amendments are supported by a strong consensus and prevents constitutional provisions that are strongly opposed by a substantial minority of the country.
In summary, while Article V provides the primary procedures for amending the Constitution, it has been interpreted and utilized in various ways throughout history, with ongoing debates about the best approach to constitutional change.
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Ratification by half of the states
Article 368 of the Indian Constitution outlines the procedure for amending the Constitution. It gives Parliament the power to amend the Constitution by adding, varying, or repealing provisions. This process involves initiating an amendment bill in either House of Parliament, which must then be passed by a two-thirds majority in each House. The bill is then presented to the President for assent, and upon receiving it, the Constitution is amended accordingly.
However, if the amendment seeks to make changes to specific articles or chapters, it must also be ratified by the Legislatures of not less than half of the States by resolution. This process ensures that the interests of the States are considered and protected during constitutional amendments.
The role of the States in the constitutional amendment process is limited to ratification. State legislatures cannot initiate any bills or proposals for amendment but are involved in the ratification procedure outlined in Article 368 if the amendment affects certain provisions.
The requirement for ratification by half of the States ensures that any changes to the Constitution reflect the needs and demands of the country as a whole. It allows for a check on the power of Parliament to amend the Constitution and helps maintain the sanctity of the document.
In conclusion, Article 368 of the Indian Constitution provides for the ratification of amendments by half of the States, ensuring a balanced and inclusive approach to constitutional amendments. This process has been designed to protect the fundamental law of the nation and safeguard against arbitrary power.
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Amendments without state ratification
Amendments to the Indian Constitution are governed by Article 368, which outlines the power of Parliament to amend the Constitution and the procedure for doing so. This article allows for two types of amendments: one by a special majority of Parliament (Lok Sabha and Rajya Sabha) and the other by a special majority of Parliament with the
The procedure for amending the Constitution, as laid down in Article 368, is as follows: An amendment bill must be introduced in either House of Parliament and passed by a majority of the total membership of that House and a majority of not less than two-thirds of the members present and voting. The bill is then presented to the President for assent, and upon receiving assent, the Constitution is amended accordingly.
However, if the amendment seeks to make changes to specific articles or chapters, it must also be ratified by the Legislatures of not less than one-half of the States specified in Parts A and B of the First Schedule. This ensures that the interests of the states are protected during the amendment process.
It is important to note that there are certain limitations to the amending power of the Indian Constitution. The Basic Structure Doctrine, laid down by the Supreme Court, restricts Parliament's power to amend the 'basic structure' of the Constitution, including Fundamental Rights. Additionally, there are provisions that can be amended by a simple majority outside the scope of Article 368, such as the admission or establishment of new states, alteration of boundaries, and rules of procedure in Parliament.
In conclusion, while Article 368 provides the framework for amending the Indian Constitution, it also ensures a balance between the power of Parliament and the protection of fundamental rights and state interests.
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Amendments to fundamental rights
The Constitution of India outlines the process of amending fundamental rights. Article 368 of the Constitution empowers Parliament to amend the Constitution by adding, varying, or repealing provisions. This process is subject to specific procedures and limitations.
Firstly, an amendment can only be initiated by introducing a Bill in either House of Parliament. Once the Bill is passed in each House by a majority of the total membership, it is presented to the President for assent. This majority must be a two-thirds majority, with at least two-thirds of the members present and voting in favour.
Secondly, if the amendment seeks to make changes to specific articles or chapters of the Constitution, it must be ratified by the Legislatures of at least half of India's states. These articles include 54, 55, 73, 162, and 241, among others.
Thirdly, while Parliament has the power to amend the Constitution, it cannot alter its basic structure. This restriction was established in the case of Kesavananda Bharati v. State of Kerala (1973), where the Supreme Court ruled that Fundamental Rights could be amended but not in a way that contravened the Constitution's basic framework. The Basic Structure Doctrine, laid down by the Supreme Court, guides the validity and legality of amendments.
Fundamental rights in India have evolved to address historical inequalities and protect citizens' freedoms. These rights aim to abolish untouchability, prohibit discrimination based on religion, race, caste, sex, or place of birth, and outlaw human trafficking and forced labour. They also safeguard cultural and educational rights of minorities and provide for preventive detention with specific safeguards. While these rights are subject to reasonable restrictions, they serve as a check on state power and protect individuals from arbitrary actions.
In conclusion, amendments to fundamental rights in India follow a rigorous process outlined in Article 368, ensuring that any changes align with the country's fundamental laws and values while preserving the basic structure of the Constitution.
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Frequently asked questions
Article 368 of the Constitution of India allows for amendments to be made.
An amendment can be initiated by the introduction of a Bill in either House of Parliament, which must be passed by a two-thirds majority in both houses. The Bill is then presented to the President for their assent. In some cases, the consent of half of India's states is also required.
There are two types of amendments outlined: one by a special majority of Parliament, and the other by a special majority of Parliament with the ratification of half of the total states.
Amendments are made to facilitate changes in the territorial extent of a country, the formation of new states, and to ensure the protection of fundamental rights.
Yes, there are limitations. While Parliament must preserve the basic framework of the Constitution, the Supreme Court has also laid down various doctrines and rules to check the validity and legality of amendments.
