Question

Article 368 of the Constitution of India governs amendments. Select the correct answer using the codes given below:

1. That can be effected by Parliament of india by a prescribed 'special majority'.
2. That require, in addition to 'special majority', ratification by at least one half of the State Legislatures.
3. That can be effected by Parliament of India by a 'simple majority'.

• A. 1, 2
• B. 1, 3
• C. 2, 3
• D. 2

Answer 1

Answer:

A. 1, 2

Article 368: Amendment of the Constitution

• Article 368 of the Constitution of India outlines the procedure for its amendment. It signifies that the Constitution is not rigid but flexible to a certain extent, allowing for changes to adapt to evolving societal needs.

• The powers of the Parliament to amend the Constitution are not absolute. Amendments fall into three categories, with varying procedures:

  1. Amendments by Simple Majority:

  These amendments relate to provisions that do not require a special majority. They can be passed by a simple majority of the members present and voting in each House of Parliament. Examples include changes to the names of states, creation of new states, or rules regarding citizenship.

  2. Amendments by Special Majority:

  This is the most common method for amending the Constitution. It requires:

  • A special majority of the total membership of each House of Parliament.

  • A special majority of the members of each House present and voting.

  This procedure is used for most of the important provisions of the Constitution, such as Fundamental Rights, Directive Principles of State Policy, and provisions related to the structure of the government.

  3. Amendments by Special Majority and Ratification by States:

  Certain crucial amendments, especially those affecting the federal structure of the country, require an additional step. After being passed by a special majority in both Houses of Parliament, these amendments must be ratified by the legislatures of at least half of the total number of states. This ensures that the states have a say in amendments that impact their powers and autonomy. Examples include amendments related to the powers of the Supreme Court and High Courts, representation of states in Parliament, and provisions of Article 368 itself.

• The Constitution (24th Amendment) Act, 1971, amended Article 368 to state that Parliament has the power to amend any part of the Constitution, including the Fundamental Rights, by a special majority.

• The Constitution (42nd Amendment) Act, 1976, made further changes to Article 368, which were later struck down by the Supreme Court in the Kesavananda Bharati case. The judgment reaffirmed the 'basic structure doctrine,' asserting that Parliament cannot amend the Constitution in a way that destroys its basic structure or framework.