Which article of the Indian Constitution deals with the Constitutional...
Stated in Part XX of the Indian Constitution, Article 368 grants power to the Parliament to amend the Constitution and also asserts the procedure that needs to be followed in order to amend the Constitution.
View all questions of this test
Which article of the Indian Constitution deals with the Constitutional...
Article 368 of the Indian Constitution deals with Constitutional Amendments.
Explanation:
1. Overview: Article 368 is a crucial provision in the Indian Constitution, as it outlines the procedure for amending the Constitution. It empowers the Parliament to amend the Constitution in accordance with the prescribed procedure.
2. Amendment Procedure: As per Article 368, an amendment to the Constitution can be initiated only by the introduction of a Bill in either House of Parliament. The Bill must be passed in each House by a special majority, which requires a majority of the total membership of that House and a majority of not less than two-thirds of the members present and voting.
3. Special Majority: The concept of a special majority ensures that constitutional amendments are not easily made. It requires the support of a significant majority of the members of Parliament, which adds a level of consensus and deliberation to the process.
4. Presidential Assent: Once the Bill is passed by both Houses of Parliament, it is then presented to the President for his assent. The President may give his assent or withhold it, depending on his discretion. However, unlike other legislation, the President cannot return the Bill for reconsideration.
5. Limited Judicial Review: Article 368 explicitly states that there shall be no limitation on the power of Parliament to amend the Constitution. However, the Supreme Court has established that the amending power of Parliament is subject to the basic structure doctrine. This means that Parliament cannot amend the Constitution in a manner that destroys or alters its basic structure, which includes the fundamental rights and democratic principles.
6. History: Article 368 was included in the Indian Constitution during the drafting process, with the aim of providing a clear and defined procedure for amending the Constitution. It ensures that constitutional amendments require a higher level of consensus and deliberation, reflecting the importance and significance of the Constitution.
In conclusion, Article 368 of the Indian Constitution deals with the procedure for amending the Constitution. It outlines the special majority required in Parliament and the subsequent assent of the President. While Parliament has the power to amend the Constitution, it is subject to the basic structure doctrine established by the Supreme Court.