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Article 368 Of Indian Constitution In English
Article 368 – Power of Parliament to amend the Constitution and procedure therefor.
(1) Notwithstanding anything in this Constitution, Parliament may in 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.
(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 present and voting, 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, Article 162 or Article 241, 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, the amendment shall also require to be ratified by the Legislature of not less than one half of the States by resolution to that effect passed by those Legislatures before the Bill making provision for such amendment is presented to the President for assent.
(3) Nothing in Article 13 shall apply to any amendment made under this article.
(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 the provisions of this Constitution under this article PART XXI TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS.
Article 368 In English
368 Article – Power of Parliament to amend the Constitution and the procedure therefor.
(1) Notwithstanding anything contained in this Constitution, Parliament may, in exercise of its constitutional power, add, alter or repeal any provision of this Constitution in accordance with the procedure laid down in this article.
(2) An amendment of this Constitution may be initiated only by introducing 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 and voting of that House, it shall be deemed to be shall be presented to the President who shall give his assent to the Bill and thereupon the Constitution shall be deemed to have been amended in accordance with the terms of the Bill: Provided that if such amendment is to make any change
(a) article 54, article 55, article 73, article 162 or article 241, or
(b) Chapter IV of Part V, Chapter V of Part VI, or Chapter I of Part XI, or
(c) any list in the Seventh Schedule, or
(d) the representation of the States in Parliament, or
(e) In accordance with the provisions of this article, before a Bill providing for amendment is introduced, the amendment shall also need to be ratified by the Legislature of not less than half of the States by resolution passed by those Legislatures. for the assent of the President.
(3) Nothing in article 13 shall apply to any amendment made under this article.
(4) No amendment of this Constitution (including the provisions of Part III) shall be made or said to be made under this article before or after the coming into force of section 55 of the Constitution (Forty-second Amendment) Act, 1976. . Question on any ground in any court.
(5) For the removal of doubts, it is hereby declared that this Article Part XXI of the temporary, transitional and special provisions.
Note- All the things mentioned in this have been taken from the Indian Constitution itself. That is, it is the word of the constitution.
What Is Article 368 Of Indian Constitution?
Article 368 Debate Summary
The draft Article 304 (Article 368 of the Constitution of India, 1950) was discussed in the Constituent Assembly on 17 September 1949. It gave Parliament a special power to amend (add or remove) the Constitution and specify how this power should be exercised. It states that an amendment requires a two-thirds majority in Parliament and, in some cases, the consent of half of India’s states.
The debate began with the Chairman of the Drafting Committee introducing an amendment tightening the language of the draft Article. The amendment also increased the number of articles whose amendment required the consent of the states of India.
Most of the assembly members participating in the debate opposed the requirement of a two-thirds majority and supported a ‘simple majority’. He felt that the draft article made it impossible or at least difficult to amend the constitution.
These members felt that a rigid constitution was not desirable on the grounds of broadly three reasons. A rigid constitution would stifle progressive legislation, undermine the constitution’s ability to adapt to current social and political uncertainties and was unfair in light of the Constituent Assembly’s modest representative credentials.
There was also a concern that the participation of states in the amendment process would take away the supremacy of the Union Parliament and prevent any future attempts to change India’s federal structure if Parliament so desires.
At the end of the debate, the chairman of the drafting committee stood up to answer the critics of the draft article. He reminded the members that it was wrong to say that any part of the Constitution cannot be amended by a simple majority and pointed to other draft articles provided for it. He told the members that the draft Article 304 pertains to only a special category of Articles which require higher limits for amendment.
He then invoked the amendment provisions of Ireland, Switzerland, Australia and the United States to show that no major constitution in the world allowed all parts of its constitution to be amended by a simple majority.
On the participation of the states in the amendment process, which was opposed by some members, he reiterated that it was necessary to protect the interests of the states.
At the end of the debate, only the amendment of the Chairman of the Drafting Committee was accepted by the House.
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