Article 368 of Indian Constitution

Article 368 of Indian Constitution – Grants Parliament the power to amend the Constitution. Learn definition, status, related articles, UPSC relevance.
📅 Part XII – Finance, Property, Contracts and Suits
🏷️Amended

📚 UPSC Relevant

Article Number

368

part

Part XII – Finance, Property, Contracts and Suits

Status

Amended

Full Definition & Explanation

Article 368 of the Indian Constitution grants Parliament the power to amend the Constitution. This power allows Parliament to change, add, or repeal any provision in the Constitution, but it must follow a specific procedure outlined in this article. For instance, if Parliament wants to amend certain articles related to state representation, it requires ratification from at least half of the state legislatures. This ensures that major changes are not made unilaterally by the central government, preserving a balance of power between the states and the central authority.

The amendment process under Article 368 varies depending on the nature of the change. Simple amendments can be made by a two-thirds majority in both houses of Parliament. More complex amendments, especially those affecting federal structure, require broader consensus, including approval from state legislatures. This reflects the federal nature of India’s governance, where states have a stake in constitutional changes that impact their rights and responsibilities. The requirement for state ratification acts as a safeguard against potential overreach by the central government, ensuring that local voices are heard in national legislative changes.

Additionally, Article 368 specifies that no amendment can be questioned in a court of law. This means once an amendment is passed, it cannot be challenged legally, providing Parliament with a secure method to adjust the Constitution. However, this has raised debates about the limits of parliamentary power. For example, the Supreme Court of India has ruled that while Parliament has wide powers, it cannot alter the basic structure of the Constitution, as established in the Kesavananda Bharati case. This balance ensures that while amendments can adapt to changing needs, the core principles of democracy and federalism remain intact, protecting the rights of citizens and states alike.

Historical Context

Article 368 was adopted during the framing of the Constitution in 1949. During the Constituent Assembly debates, members discussed the need for a strong amendment procedure to reflect societal changes. The 24th Amendment in 1971 clarified Parliament’s power to amend the Constitution without judicial review. The landmark Supreme Court case of Kesavananda Bharati v. State of Kerala in 1973 established the Basic Structure doctrine, stating that while Parliament can amend the Constitution, it cannot alter its foundational framework, ensuring that necessary democratic principles are preserved and safeguarded over time. This historical evolution demonstrates the responsive nature of the constitutional framework in addressing the nation’s changing needs over time.

Key Features

– Parliament has the authority to amend the Constitution through a defined procedure.
– Certain amendments require the ratification of at least half of state legislatures.
– No court can challenge amendments made under Article 368, ensuring stability.
– A simple majority is needed for some amendments, while others require two-thirds.
– Different types of amendments have varied majority requirements based on their impact.

Importance & Impact

– Parliament can adapt the Constitution to meet evolving societal needs and challenges.
– Involvement of state legislatures ensures proper federal representation during amendments.
– Amendments made under Article 368 cannot be legally challenged, promoting legislative effectiveness.
– The amendment procedure prevents hasty or impulsive changes to constitutional provisions.
– The Basic Structure doctrine safeguards the fundamental principles of democracy and governance.

Sample UPSC Question

Article 368 of the Constitution provides Parliament with the power to amend the Constitution. Which of the following statements is true regarding this article? A) Parliament can amend any provision without state consent. B) Any amendment must be approved by a two-thirds majority in both Houses. C) The Supreme Court can review amendments made under this article. D) All amendments require ratification by state legislatures. Explain your reasoning for the correct answer and the implications of each statement.? Which of the statements given above are correct in the context of the federal structure of India?

Answer

The correct answer is B. Article 368 mandates that amendments must be passed by a two-thirds majority in both Houses of Parliament, ensuring broad support. Option A is incorrect as some amendments require state ratification. Option C is false because amendments under Article 368 cannot be challenged in court, and Option D is misleading since not all amendments need state approval, only those affecting specific provisions.

Key Takeaways

✓ Parliament can amend the Constitution by following a specific and defined process.
✓ State legislatures must approve specific amendments to ensure broader representation.
✓ Amendments made cannot be legally challenged in court, providing stability.
✓ Amendments require varying majorities depending on their impact and nature.
✓ The Basic Structure doctrine protects necessary democratic values from alteration.

FAQs

To amend the Constitution under Article 368, a Bill must be introduced in either House of Parliament. It needs to be passed by a two-thirds majority in both Houses. If it affects certain provisions, state legislatures must also ratify it before it can be sent to the President for assent, ensuring a thorough review process.

No, amendments made under Article 368 cannot be questioned in any court of law. This provision is key as it provides legal certainty and stability to the amendments passed by Parliament. It means that once an amendment is enacted, it becomes a permanent part of the Constitution and cannot be reversed through judicial intervention, thus reinforcing legislative authority.

The Basic Structure doctrine asserts that while Parliament can amend the Constitution, it cannot alter its foundational framework. This doctrine was established in the Kesavananda Bharati case and aims to protect necessary democratic principles such as the rule of law and separation of powers. It ensures that constitutional amendments do not undermine the core values that define the Constitution itself.

Related Articles

Editor-in-Chief Pramod

Founder and Editor-in-Chief at StudyHub. Pramod has spent over 7 years tracking Indian government recruitments and analyzing exam trends. He oversees the StudyHub editorial board, managing a dedicated team of subject-matter experts across History, Polity, Geography, Geology, and General Sciences. His mission is to ensure that every job alert and study resource published on StudyHub is 100% verified, accurate, and helpful for competitive exam aspirants.
Scroll to Top