What is Article 368 of Indian Constitution – Defination & Meaning

Article 368: Power of Parliament to amend the Constitution and procedure therefor (1) Notwithstanding anything in this Constitution, Parliament may in
📅 Part XX – Amendment of the Constitution
🏷️Amended

📚 UPSC Relevant

Article Number

368

part

Part XX – Amendment of the Constitution

Status

Amended

Bare Acts Text

Article 368: Power of Parliament to amend the Constitution and procedure therefor

  • (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:
  • Provided that if such amendment seeks to make any change in—
    • (a) article 54, article 55, article 73, article 162, article 241 or article 279A; or
    • (b) Chapter IV of Part V, Chapter V of Part VI, or Chapter I of Part XI; or
    • (c) any of the Lists in the Seventh Schedule; or
    • (d) the representation of States in Parliament; or
    • (e) the provisions of this article,
  • the amendment shall also require to be ratified by the Legislatures of not less than one-half of the States by resolutions to that effect passed by those Legislatures before the Bill making provision for such amendment is presented to the President for assent.
  • (3) Nothing in article 13 shall apply to any amendment made under this article.
  • (4) No amendment of this Constitution (including the provisions of Part III) made or purporting to have been made under this article whether before or after the commencement of section 55 of the Constitution (Forty-second Amendment) Act, 1976 shall be called in question in any court on any ground.
  • (5) For the removal of doubts, it is hereby declared that there shall be no limitation whatever on the constituent power of Parliament to amend by way of addition, variation or repeal the provisions of this Constitution under this article.
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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.

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.

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.

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Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.
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