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Amendment of the constitution article (368) Video Lecture | Indian Polity for UPSC CSE

Q: 3. What is meant by the 'basic structure' of the constitution?

Answer: The 'basic structure' of the constitution refers to the fundamental principles and features that form the foundation of the Indian Constitution. These principles include the supremacy of the constitution, the rule of law, the separation of powers, federalism, secularism, and the protection of fundamental rights. The Supreme Court has held that any amendment that violates or destroys these principles would be considered as undermining the basic structure of the constitution.

FAQs on Amendment of the constitution article (368) Video Lecture - Indian Polity for UPSC CSE

1. What is the process for amending the constitution under Article 368?

Answer: Under Article 368 of the constitution, the process for amending the constitution involves the introduction of a bill in either house of Parliament. The bill must be passed by a majority of the total membership of that house, as well as a two-thirds majority of the members present and voting. After being passed by one house, it is then sent to the other house where the same majority requirements apply. Finally, the bill must receive the President's assent to become an amendment to the constitution.

2. Can any provision of the constitution be amended under Article 368?

Answer: No, not all provisions of the constitution can be amended under Article 368. There are certain provisions that are considered as the "basic structure" of the constitution and are immune from being amended. The Supreme Court of India has held that any amendment that alters or destroys the basic structure of the constitution would be invalid. Therefore, there are limits to the amending power granted by Article 368.

3. What is meant by the "basic structure" of the constitution?

Answer: The "basic structure" of the constitution refers to the fundamental principles and features that form the foundation of the Indian Constitution. These principles include the supremacy of the constitution, the rule of law, the separation of powers, federalism, secularism, and the protection of fundamental rights. The Supreme Court has held that any amendment that violates or destroys these principles would be considered as undermining the basic structure of the constitution.

4. Are there any restrictions on the amending power of Parliament under Article 368?

Answer: While Parliament has the power to amend the constitution under Article 368, there are certain restrictions imposed. The Supreme Court has held that the amending power cannot be used to make changes that would destroy the basic structure of the constitution. Additionally, amendments that violate the fundamental rights guaranteed under Part III of the constitution can also be struck down by the courts as unconstitutional.

5. Can the President refuse to give assent to a constitutional amendment passed by Parliament?

Answer: Yes, the President has the power to refuse assent to a constitutional amendment passed by Parliament. However, this power is rarely exercised and is reserved for exceptional circumstances. The President's assent is typically seen as a formal and ceremonial act, and it is expected that the President would act on the advice of the Council of Ministers. In practice, the President's refusal to give assent to a constitutional amendment is unlikely unless there are serious constitutional concerns.

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