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Tuesday, July 30, 2024

THE CONSTITUTION INDIA, ARTICLE :368

THE CONSTITUTION INDIA, ARTICAL :368
THE CONSTITUTION INDIA, ARTICLE:368


AMENDMENT OF THE CONSTITUTION

ARTICLE:368

1[POWER OF PARLIAMENT TO AMEND THE CONSTITUTION AND PROCEDURE THEREFOR]

 2[(1) Notwithstanding anything in this Constitution,

Parliament may in the 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.]

3[(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, 4[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, 5[ 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,

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 the amendment shall also require to be ratified by the Legislatures of not less than one-half of the States 6*** by resolutions to that effect passed by those

Legislatures before the Bill making provision for such amendment are presented to the President for assent.

 7[(3) Nothing in article 13 shall apply to any amendment made under this article.]

 8[(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 of the provisions of this Constitution under this article.]

FAQ

What is Article 368 of the Constitution of India?

Article 368 of the Constitution of India deals with the "Power of Parliament to amend the Constitution and its procedure". The Constitution of India under Article 368 lays down the provisions relating to the amendment of the Constitution. For the purpose of amendment, three types of procedures are resorted to:

What is the Constitution of India?

Constitution of India (Part I – The Union and its territories. -Articles 3-4.) Laws made under Articles 2 and 3 provide for amendments to the First and Fourth Schedules and supplementary, incidental, and consequential matters.

What is the difference between Article 245 and Article 368?

Article 245, Article 246, and Article 248 of the Constitution deal with the amending power of the Parliament. Article 368 only tells about the procedure for amendment. Along with this, any amendment can become law only if it follows Article 13 of the Constitution.




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