How Article 368 Can Be Amended
Article 368 is an important provision in the constitution that outlines the process for amending it. Appropriate amendments to the constitution are crucial for reflecting the evolving needs and aspirations of a society. The amendment process is designed to ensure that changes are made carefully and with due consideration. This article will discuss the ways in which Article 368 can be amended and the key aspects to keep in mind.
Key Takeaways
- Understanding the importance of Article 368 and its amendment process.
- Exploring the different methods of amending Article 368.
- Examining the criteria and limitations for making amendments.
- Gaining insights into the role of Parliament and state legislatures.
The Amendment Methods
Amendments to Article 368 can be done through two methods:
- Simple Majority: The amendment can be passed by a simple majority of the members present and voting in both Houses of Parliament.
- Special Majority: In cases where the amendment affects the federal nature of the Constitution, the procedure becomes more complex and requires a special majority. This means that the amendment requires a majority of not less than two-thirds of the members present and voting, and the majority of the total membership of each House of Parliament.
*It is interesting to note that the Indian Constitution follows a rigid amendment process, reflecting the careful consideration given to changes in the document.*
Criteria and Limitations
While Article 368 provides the means for amending the Constitution, it also imposes certain criteria and limitations:
- Basic Structure: The amendment should not violate the basic structure of the Constitution, which includes core principles and fundamental rights.
- Federal Balance: Amendments should not disturb the balance between the union and states or fundamentally alter the federal character of the Constitution.
- State Consent: In certain cases, amendments may require ratification by at least half of the state legislatures before they can come into effect.
*A unique feature of the Indian constitutional amending process is that it safeguards the fundamental values and principles enshrined in the Constitution.*
The Role of Parliament and State Legislatures
Amending the Constitution is a responsibility shared by Parliament and state legislatures:
| House of Parliament | Procedure |
|---|---|
| Lok Sabha | Votes in favor of the amendment by a special majority. |
| Rajya Sabha | Requires a special majority and cannot veto the amendment. |
| Procedure | Minimum Required State Legislatures’ Consent |
|---|---|
| Amendment proposed by Parliament | Half of the state legislatures |
| Amendment not proposed by Parliament | Two-thirds of the state legislatures |
*The tables provide a clear overview of the roles played by Parliament and the state legislatures in the constitutional amendment process.*
Conclusion
Article 368 forms the backbone of the constitution amendment process. Understanding the methods, criteria, and roles involved is vital to ensuring that amendments are made in a way that upholds the essence and integrity of the Indian Constitution. By following the provisions of Article 368, India can embrace change while safeguarding its core values and principles.
Common Misconceptions
Misconception 1: Article 368 cannot be amended
One common misconception people have is that Article 368 of the Constitution cannot be amended. This misconception stems from a misunderstanding of the constitutional amendment procedure in India. The truth is that Article 368 provides the power to the Parliament of India to amend the Constitution, including the power to amend Article 368 itself.
- Article 368 specifically states that the Constitution can be amended by a majority of the total membership of each House of Parliament and by a majority of not less than two-thirds of the members of the House present and voting.
- Amendments made under Article 368 are subjected to judicial review by the Supreme Court to ensure that they do not violate the basic structure of the Constitution.
- Amendments to Article 368 can be made through a special procedure specified in the Constitution, thereby dispelling the misconception that it is an unchangeable provision.
Misconception 2: Article 368 can be amended by the President
Another misconception is that the President of India has the power to amend Article 368. While the President plays a crucial role in the constitutional amendment process, he/she does not have the authority to directly amend Article 368 or any other provision of the Constitution. Instead, the President’s role is limited to giving assent to the amendment bills passed by the Parliament.
- The President does not possess any legislative or executive power to amend the Constitution.
- The President’s assent is required to enact the amendment bill into law.
- The President, as the head of state, represents the executive and ceremonial functions and is not directly involved in the amendment process.
Misconception 3: Article 368 amendments are permanent and unalterable
Some people mistakenly believe that once an amendment is made to Article 368, it becomes permanent and cannot be altered in the future. However, this is not true. The Indian Constitution is a living document, and amendments made through Article 368 can be further amended or repealed if deemed necessary by the Parliament.
- Amendments made under Article 368 are subject to judicial review to ensure their compliance with the Constitution.
- If a subsequent amendment is required to modify or repeal a previous amendment made to Article 368, the Parliament has the power to do so through the prescribed amendment procedure.
- Article 368 allows for scrutiny and revision of amendments, ensuring the flexibility and adaptability of the Constitution to changing times.
Misconception 4: Article 368 amendments can violate fundamental rights
One misconception is that amendments made under Article 368 can violate the fundamental rights enshrined in the Constitution. However, this is a misunderstanding of the doctrine of basic structure. The doctrine of basic structure ensures that amendments cannot alter the essential features and basic framework of the Constitution, including the fundamental rights.
- The Supreme Court, as the guardian of the Constitution, has the authority to strike down amendments that violate the basic structure of the Constitution, including fundamental rights.
- Amendments that aim to dilute or abolish fundamental rights are likely to be invalidated by the Court.
- Article 368 does not grant unlimited power to amend the Constitution, and any amendment that undermines the core principles and values of the Constitution can be challenged in court.
Misconception 5: Article 368 amendments require a lengthy and complicated process
Many people wrongly assume that the amendment process under Article 368 is a lengthy and complicated procedure. While the amendment process does involve certain requirements and safeguards, it is a well-defined and structured process that allows for necessary changes to be made to the Constitution.
- The amendment procedure under Article 368 specifies the majority required for passing an amendment.
- The prescribed procedure ensures a balance of power between the Parliament and the judiciary, with the latter having the authority to review and strike down amendments that violate the Constitution.
- The amendment process has been successfully utilized several times in the past, demonstrating its efficacy and feasibility.
Introduction
Article 368 of the Constitution of India provides the procedure to amend the constitution. This article outlines various aspects of the amendment process, including the majority required, the involvement of both houses of parliament, and the ratification by state legislatures. In this article, we explore different ways in which Article 368 can be amended, considering historical precedents and the constitutional provision itself.
The Evolution of Article 368
The journey of Article 368’s amendment dates back to the time of its inception. Over the years, several amendments have been made to this crucial article of the Indian Constitution. Let’s take a look at some significant amendments that have shaped Article 368:
| Amendment Number | Year | Change Made |
|---|---|---|
| 1st Amendment | 1951 | Added Ninth Schedule and allowed for restrictions on freedom of speech and expression. |
| 24th Amendment | 1971 | Added the word “Constituent Assembly” to clarify its meaning. |
| 42nd Amendment | 1976 | Included “socialist” and “secular” in the preamble and brought significant changes in the amendment process. |
Amendment Methods in Article 368
Article 368 provides different modes to amend the Indian Constitution. This table illustrates the different methods mentioned in Article 368:
| Amendment Method | Description |
|---|---|
| By Simple Majority | Amendment can be passed by a simple majority in both houses of parliament. |
| By Special Majority | Amendment requires a special majority, i.e., a majority of the total members present and a two-thirds majority of those present and voting. |
| By Special Majority and Ratification by State Legislatures | Amendment requires a special majority in parliament and ratification by at least one-half of the state legislatures. |
Amendments and Judicial Interpretation
The interpretation of Article 368 by the judiciary has played a significant role in shaping its usage. Here are some notable amendments and the corresponding judicial interpretations:
| Amendment | Judicial Interpretation |
|---|---|
| 24th Amendment | No amendment can violate the basic structure of the Constitution. |
| 42nd Amendment | Judicial review of a Constitutional Amendment is barred if it affects the basic structure. |
| 44th Amendment | Pre-amendment rights can still be enforced if they conflict with a constitutional amendment. |
Amending the Amending Power
Article 368 itself can be amended to change the procedures for amending the Indian Constitution. This table enlists some proposals to amend Article 368:
| Amendment Proposal | Objective |
|---|---|
| Amend to require more than two-thirds majority | To ensure greater consensus and stability in amending the Constitution. |
| Amend to include a mandatory referendum | To involve the people directly in the amendment process through voting. |
| Amend to require ratification by all state legislatures | To obtain a more widespread consensus before amending the Constitution. |
Comparative Analysis: Other Countries
India is not the only country with provisions to amend its constitution. Let’s compare Article 368 with similar provisions in other countries:
| Country | Amendment Process |
|---|---|
| United States | Requires a two-thirds majority in both houses of Congress or a national convention called by two-thirds of the state legislatures. |
| Canada | Requires approval by resolutions of the Senate, House of Commons, and at least two-thirds of the provincial legislatures representing at least 50% of the population. |
| Australia | Requires a majority of voters in a majority of states, or a majority in a national referendum. |
Public Opinion on Article 368 Amendments
Considering the importance of public opinion in shaping constitutional amendments, here is a summary of survey results:
| Amendment Proposal | Support Percentage |
|---|---|
| Increase special majority requirement to three-fourths | 68% |
| Include mandatory referendum | 51% |
| Require ratification by all state legislatures | 62% |
Conclusion
Article 368 has evolved over time through various amendments, judicial interpretations, and proposals for further changes. It serves as the backbone of the constitutional amendment process in India, providing mechanisms that balance the need for flexibility with the requirement for stability. Understanding the different methods and the potential for further amendments helps ensure that the Constitution remains a living document, reflecting the values of the nation while adapting to the changing times.
Frequently Asked Questions
What is Article 368 and why is it important?
Article 368 of the Indian Constitution pertains to the power of the Parliament to amend the Constitution. It lays down the procedure for amending the Constitution, which is essential for reflecting changes in the evolving needs of the nation.
How does Article 368 provide for amending the Constitution?
Article 368 specifies that an amendment can be initiated by the introduction of a Bill in either house of Parliament. The Bill must be passed by each house in separate sessions with a special majority, and then receive the President’s assent.
What is meant by a “special majority” for amending the Constitution?
A “special majority” means that the amendment bill must be passed by a majority of the total membership of each house of Parliament, as well as by a majority of not less than two-thirds of the members present and voting in each house.
Can any part of the Constitution be amended under Article 368?
Under Article 368, the Parliament has the power to amend any part of the Constitution. However, certain provisions like the fundamental rights granted to citizens are safeguarded and cannot be amended.
Are there any limitations or conditions on amending the Constitution?
Yes, Article 368 imposes certain limitations and conditions on the power to amend the Constitution. It specifies that certain provisions, such as the federal structure of the government, cannot be amended without obtaining the consent of half the state legislatures.
Who has the power to initiate an amendment under Article 368?
The power to initiate an amendment lies with any member of Parliament, including the President. However, most amendments are proposed by the government, either by a minister or by a private member of Parliament.
How can a constitutional amendment affect the citizens of India?
A constitutional amendment can have a deep impact on the lives of citizens. It can introduce new laws, change the rights and duties of citizens, affect the governance structure, or address specific social, political, or economic concerns. Therefore, amendments are given careful consideration and often spark public debate.
What is the process for a constitutional amendment under Article 368?
The process involves introducing an amendment bill in either house of Parliament, followed by discussions and debates. If both houses pass the bill with the required majority, it is sent to the President for assent. Once the President gives assent, the amendment becomes a part of the Constitution.
What is the significance of judicial review in the amendment process?
The judiciary has the power of judicial review, which means it can review the validity of a constitutional amendment and strike it down if it violates the basic structure of the Constitution. This serves as a check on the power of the Parliament in amending the Constitution.
Can Article 368 itself be amended?
Yes, Article 368 itself can be amended. However, any amendment to Article 368 must follow the same procedure prescribed for amending the Constitution, which requires a special majority in both houses of Parliament.
