What is article 368 related to?
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Article 368 (1) of the Constitution of India
Article 368(1) of the Constitution of India specifies the procedure for amending the Constitution. It states that the power to amend the Constitution is vested solely in Parliament. Amendments can be initiated only by introducing a bill in either House of Parliament, which must be passed by a majority of the total membership of that House as well as by a two-thirds majority of members present and voting. After passage in one House, the bill is sent to the other House where it must also be passed by a similar majority.
This article ensures that amending the Constitution is a rigorous and deliberative process, requiring significant parliamentary consensus. It underscores the importance of safeguarding the fundamental principles and structure of the Constitution while allowing for necessary changes to adapt to evolving circumstances.
Article 368 of the Indian Constitution deals with the power and procedure of Parliament to amend the Constitution. This article empowers Parliament to amend the Constitution by adding, changing, or repealing any provision, thus ensuring its adaptability to changing needs and circumstances.
The amendment process involves a rigorous procedure to safeguard the Constitution’s integrity. A bill proposing an amendment can be introduced in either House of Parliament and must be passed by a majority of the total membership of each House and by a two-thirds majority of members present and voting. Some amendments also require ratification by at least half of the state legislatures.
Article 368 also delineates limits to the amending power. The Supreme Court of India, through landmark judgments like Kesavananda Bharati v. State of Kerala (1973), has held that the basic structure of the Constitution, including principles such as democracy, rule of law, and fundamental rights, cannot be altered.
Thus, Article 368 provides a balanced mechanism for constitutional evolution while protecting the fundamental framework of the Constitution. This ensures that while the Constitution remains dynamic and responsive, its core values and principles are preserved.
Article 368 of the Indian Constitution deals with the power and procedure of Parliament to amend the Constitution. This article empowers Parliament to amend the Constitution by adding, changing, or repealing any provision, thus ensuring its adaptability to changing needs and circumstances.
The amendment process involves a rigorous procedure to safeguard the Constitution’s integrity. A bill proposing an amendment can be introduced in either House of Parliament and must be passed by a majority of the total membership of each House and by a two-thirds majority of members present and voting. Some amendments also require ratification by at least half of the state legislatures.
Article 368 also delineates limits to the amending power. The Supreme Court of India, through landmark judgments like Kesavananda Bharati v. State of Kerala (1973), has held that the basic structure of the Constitution, including principles such as democracy, rule of law, and fundamental rights, cannot be altered.
Thus, Article 368 provides a balanced mechanism for constitutional evolution while protecting the fundamental framework of the Constitution. This ensures that while the Constitution remains dynamic and responsive, its core values and principles are preserved.