As per Article 368 of the Constitution of India, the Parliament may amend any provision of the Constitution by way of:
- Addition
- Variation
- Repeal
Select the correct answer using the code given below:
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
Correct Answer: (d) 1, 2 and 3
Explanation:
- Article 368 of the Constitution of India grants the Parliament the power to amend the Constitution by way of addition, variation, or repeal of any provision.
- This means that the Parliament can:
- Add new provisions to the Constitution.
- Vary or modify existing provisions.
- Repeal or remove provisions from the Constitution.
Learn more:
Article 368 of the Constitution of India
- Constituent Power: Article 368 grants the Parliament the constituent power to amend the Constitution, which is different from the ordinary legislative process.
- Procedure for Amendment:
- Introduction of Bill: An amendment can be initiated by introducing a Bill in either House of Parliament.
- Special Majority: The Bill must be passed by a majority of the total membership of each House and by a majority of not less than two-thirds of the members present and voting.
- President’s Assent: After being passed by both Houses, the Bill is presented to the President for assent. Upon receiving the President’s assent, the Constitution stands amended.
- Special Provisions:
- Certain amendments require ratification by the Legislatures of not less than one-half of the States. This includes amendments affecting:
- The election of the President (Articles 54 and 55).
- The extent of the executive power of the Union and the States (Articles 73 and 162).
- The Union judiciary and the High Courts in the States (Chapter IV of Part V and Chapter V of Part VI).
- The distribution of legislative powers between the Union and the States (Chapter I of Part XI and the Seventh Schedule).
- The representation of States in Parliament.
- The provisions of Article 368 itself.
- Certain amendments require ratification by the Legislatures of not less than one-half of the States. This includes amendments affecting:
- Judicial Review: The Basic Structure Doctrine established by the Supreme Court in the Kesavananda Bharati case (1973) limits the Parliament’s power to amend the Constitution. Amendments cannot alter the basic structure of the Constitution, which includes fundamental principles like the supremacy of the Constitution, the rule of law, and the separation of powers.
Reflection in IAS EXPRESS
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