The Indian Parliament has the authority to amend the Constitution and its procedures, as stated in Article 368 of Indian Constitution. The legal foundation for constitutional amendments is provided in this article, guaranteeing that the document will always be flexible and adaptable to new demands and situations.
The Procedure to Amend Article 368 of Indian Constitution
- Rigid Method: The difficulty of amending the Constitution explains this approach. The unique legislative procedure is the only way that the Bill can be approve. To do that, the State Legislature must receive the bill that the parliament passed, and it must be signed by ½ of its members. The Indian Constitution can only then be amended properly.
- Flexible Method: However, if a flexible approach is used, it will be easier to amend the Indian Constitution. The Bill can be enacted in several ways, including the election of the president, the division of powers and responsibilities, and the upkeep of cordial ties between the states and the centre, if it is approved in parliament using the regular legislative process with the support of half of the State legislature’s members.
Various Ways to Amend the Indian Constitution
Simple majority for Amendment under Article-368
To amend the Constitution without the president’s approval, a simple majority of the house’s members must be present and vote. There won’t be a joint discussion sitting during the disagreement. When changing the name of any state or recognizing new states, for example, the vote of more than 50% of its members is needed. The legislature may create or dissolve the State Legislative Council and set the president’s and vice president’s salaries by Article 368. Additionally, the judges of both courts pass a regular bill and divide authority and powers among the states.
Special Majority for Amending under Article 368
A two-thirds majority of both houses are in attendance, and a vote to amend the Constitution is required for a special majority. According to the Constitution, all bills—private and ministerial—must be introduced. The bills are approved without altering the Constitution’s federalist framework in any of its provisions, including the one regarding the impeachment of the Chief Election Commissioner and judges of both houses of government. Its main motto is preventing the easy amendment of Fundamental Rights and Directive Principles of State Policy.
The Approval of State Legislature by a special majority
The House of Parliament has the authority to amend the powers and procedures outlined in the Constitution. The Bill needs to be approved by the House of Commons with the support of half of its members and a majority of its members. Additionally, approval from the State Legislature, comprising a simple majority of half of its members, is mandatory. The State Legislature can amend the Constitution under certain circumstances by employing a rigid method, such as approving the presidential election, granting provisions to the Supreme Court and High Court, and admitting new states to the legislature.
Procedure for Amendment to the Indian Constitution
- Only in either chamber of the Parliament, not in state legislatures, may a bill amending the Constitution be introduced.
- The bill does not need the President’s prior approval to be introduced by a minister or a private member.
- A Special Majority, or a majority (more than 50%) of the House’s total membership and a majority of the two-thirds of members present and voting, is required to pass each bill in the House.
- The bill must be passed separately by each House. There is no provision for a joint sitting of the two Houses to deliberate and pass a bill in the event of a disagreement between them.
- A simple majority, or the majority of House members present and voting, is required for the legislatures of half of the states to ratify a bill that aims to amend the federal provisions of the Constitution.
- Once the bill has been properly approved by both Houses of Parliament and, if required, ratified by State Legislatures, it is sent to the President for ratification.
- The bill needs the President’s approval. He is unable to refuse to sign the bill or send it back for the Parliament to review.
Article 368 of Indian Constitution
Only a Bill introduced in either House of Parliament can amend the Constitution. Once a Bill has been approve by the respective majorities of both houses—that is, by the majority of members present and voting as well as the majority of the House’s total membership—it is presented to the President, who will then sign the Bill into law, amending it as specified in the Bill.
Conclusion
Article 368 of Indian Constitution provides the legal foundation for amending the document, ensuring its flexibility to adapt to changing circumstances. It describes methods for making amendments that are both strict and flexible, requiring varying levels of legislative approval. This thorough process ensures the Constitution’s integrity and applicability by striking a balance between stability and evolution.
FAQ’S
Q1. Is there a judicial review of Article 368?
Ans. Amendments limiting the authority of judicial review were pass by the Parliament following the State of Punjab (1967) ruling. The Constitutional Amendment enact under Article 368 was not included in the definition of law in Article 13(2) of the Twenty-fourth Amendment.
Q2. What does Article 368 of the Basic Structure Doctrine mean?
Ans. Put differently, under Article 368, Parliament is not permit to increase the scope of its amending authority to gain the authority to remove or abrogate the Constitution or to alter its fundamental elements. A one with limited power cannot become the possessor of unlimited power by using that power.
Q3. How did Article 370 come to be?
Ans. Five-judge Supreme Court of India bench unanimously upheld the Indian government’s decision to repeal Article 370 on December 11, 2023. The bench ruled that the president had the authority to revoke Article 370 of the Constitution because it was a “temporary provision.”
