ARTICLE-368 FOR AMENDEMENT

Updated: May 20, 2020

Since nothing is constant everything has to change or upgrade itself for the betterment and it is also a fact that change is the part of nature and society, and the law is made for the society, so if the society will change the law also has to change itself with it for better use for the people, and therefore, the amendment is the only path to change or upgrade the law for the society to mould in it according to the change. And for that change Part-XX(Article- 368) of the Indian Constitution deals with the power of parliament to amend the constitution and procedure.


Meaning of amendment

Amendment is an official change made in the law, the change can be of any kind to remove or to add or to upgrade any part of it.

Procedure for Amendment

Article-368 of the constitution lays down that the process by which the parliament of India can amend the constitution. The procedure is as follow:

Step1

The Bill of amendment should be introduced in either house of the parliament.

Step2

The Bill must be passed by the majority of the total membership of that House, not less than 2/3rd of people present and voting by both the houses. And there is no provision mentioned for joint sitting if there is disagreement between both the houses.

Step3

And the last stage for the amendment of the bill is to get the President assent to the bill and thereupon.

The provision mentioned in Article-368, it needs to ratified by the legislatures of not less than one-half of the states. However, this must be passed before the amendment Bill is presented to the President for his assent.

WAYS IN WHICH AMENDMENT CAN BE MADE

Article-368 describe three procedure in which amendment can be made by:

(i) SIMPLE MAJORITY- the maximum number of majorities have agreed in the favour of the bill then it is said to be passed. (articles amended by simple majority are Art-2,3, 169, 239A)

(ii) SPECIAL MAJORITY- the majority of both the houses of the parliament and also 2/3rd member of the house present and voting for the bill. Maximum number of articles in the Indian Constitution is amended by the special majority.


(iii) SPECIAL MAJORITY WITH RATIFICATION BY STATES- the amendment requires a special majority and also require to be ratified by the legislatures of not less than one-half of the states. (Article-54,55,73,74,162, etc.)

BASIC STRUCTURE

The Basic Structure Doctrine states that there is a certain backbone of the constitution made by the fundamental structure and founding principle. In simple words, the doctrine of the constitution which is key for the survival of the constitution. And those portions of the constitution cannot be amended. This doctrine restricts the government to amend the basic structure of the constitution. And it solely court decisions to decide what they are when certain judicial questions are presented before them.

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