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What is Article 368 of indian constitution

 

What is Article 368 of indian constitution

🇮🇳 Article 368 of the Indian Constitution

Title: Power of Parliament to amend the Constitution and procedure therefor

🔷 Explanation of Article 368:

Article 368 lays down the procedure for amending the Constitution of India. It provides the framework for how constitutional changes can be made by Parliament and, in some cases, by States as well.

✅ Key Provisions of Article 368:

Clause Description
(1) Parliament may amend the Constitution by addition, variation, or repeal of any provision, in accordance with the procedure laid down in Article 368.
(2) Specifies the amendment procedures:
Divides constitutional amendments into three types (see below ⬇️).

🛠️ Three Types of Amendments under Article 368(2):

Type Procedure Used For
1. By Simple Majority of Parliament (Not under Article 368) Requires more than 50% of members present and voting in each House. Not considered a "constitutional amendment" under Article 368. Used for Schedules, delimitation, etc.
2. By Special Majority of Parliament
✅ Majority of total membership of each House and
✅ Two-thirds of members present and voting.
President must give assent. Most common method — used for Fundamental Rights, DPSPs, etc.
3. By Special Majority + Ratification by Half the States Same as above plus ratification by at least 50% of State Legislatures. Required for federal provisions, like:
– Election of President
– Supreme Court / High Court powers
– Union-State relations
– Representation of States in Parliament

📝 Examples:

Amendment Type Used
42nd Amendment (1976) – Mini-Constitution Special Majority
44th Amendment (1978) – Fundamental Rights changes Special Majority
GST Amendment (101st, 2016) Special Majority + Half States

⚖️ Judicial Limitations: Basic Structure Doctrine

  • ✅ Parliament has wide powers, but

  • ❌ Cannot amend the “basic structure” of the Constitution.

  • This principle was laid down in the landmark Kesavananda Bharati case (1973).

Examples of “Basic Structure”:
– Rule of law
– Separation of powers
– Judicial review
– Federalism
– Secularism
– Free & fair elections

📌 Summary Table:

Aspect Details
Article 368
Purpose Provides the method for amending the Constitution
Powers Given To Parliament (with or without States)
Types of Amendments Simple majority (not under 368), Special majority, Special majority + State ratification
Judicial Limit Cannot violate the Basic Structure Doctrine
Presidential Role Must give assent — cannot refuse

Here's a clear and simplified ✅ Flowchart of the Constitutional Amendment Process under Article 368 of the Indian Constitution:

🧭 Flowchart: Amendment Procedure under Article 368

          ┌────────────────────────────┐
          │     Proposal to Amend      │
          │   (By Minister or MP in    │
          │    Rajya Sabha / Lok Sabha)│
          └────────────┬───────────────┘
                       │
                       ▼
          ┌────────────────────────────┐
          │ Bill Introduced in Either  │
          │    House of Parliament     │
          └────────────┬───────────────┘
                       │
                       ▼
       ┌──────────────────────────────────────────┐
       │ Voting in Each House Separately:         │
       │ ✅ Majority of Total Membership           │
       │ ✅ 2/3 of Members Present & Voting        │
       └────────────┬─────────────────────────────┘
                    │
                    ▼
   ┌────────────────────────────────────────────┐
   │  Is State Ratification Required? (YES/NO)  │
   └──────────────┬──────────────┬──────────────┘
                  │              │
              YES ▼              ▼ NO
     ┌──────────────────┐   ┌──────────────────┐
     │ Send to State    │   │ Skip State       │
     │ Legislatures     │   │ Ratification     │
     └──────┬───────────┘   └────────┬─────────┘
            │                         │
            ▼                         ▼
  ┌────────────────────────────┐ ┌────────────────────────────┐
  │ Must be Ratified by at     │ │ Send to President for Assent│
  │ least 50% of States        │ └────────────┬───────────────┘
  └────────────┬──────────────┘              │
               ▼                             ▼
   ┌────────────────────────────┐  ┌────────────────────────────┐
   │ Send to President for Assent│  │   Presidential Assent      │
   └────────────┬───────────────┘  └────────────┬───────────────┘
                ▼                                ▼
       ┌────────────────────────────┐   ┌────────────────────────────┐
       │    Amendment Comes Into     │   │  Constitutional Amendment  │
       │        Force (Law)          │   │       Takes Effect         │
       └────────────────────────────┘   └────────────────────────────┘

📝 Notes:

  • 🏛 Introduced only in Parliament, not in State Legislatures.

  • 🗳️ No referendum required.

  • ✋ President cannot refuse assent.

  • ⚖️ Must not violate the Basic Structure Doctrine (as per Supreme Court rulings).

Here is a 📜 Timeline of Major Constitutional Amendments in India, covering the most significant changes that shaped the Indian Constitution:

🕰️ Timeline of Major Constitutional Amendments (1950–Present)

Amendment No. Year Key Features / Impact
1st 1951 Introduced restrictions on Fundamental Rights (esp. free speech); added 9th Schedule for land reform laws.
7th 1956 Reorganized States based on linguistic lines; replaced Part B states.
10th 1961 Incorporated Dadra & Nagar Haveli into the Union of India.
12th 1965 Incorporated Goa, Daman & Diu as Union Territories.
21st 1967 Included Sindhi language in the 8th Schedule.
24th 1971 Affirmed Parliament’s power to amend any part of the Constitution, including Fundamental Rights.
25th 1971 Curbed right to property and strengthened Directive Principles.
26th 1971 Abolished Privy Purses and derecognized rulers of princely states.
36th 1975 Sikkim became the 22nd State of India.
38th 1975 Made President’s emergency powers non-justiciable.
42nd 1976 Known as the “Mini-Constitution”:
– Added “Socialist” and “Secular” to the Preamble
– Reduced judicial review
– Strengthened Centre over States
44th 1978 Undid 42nd Amendment excesses:
– Restored Fundamental Rights
– Limited Emergency powers
– Repealed right to property as Fundamental Right
52nd 1985 Introduced Anti-Defection Law (Tenth Schedule).
61st 1989 Reduced voting age from 21 to 18 years.
69th 1991 Gave Delhi the status of National Capital Territory (NCT) with Legislative Assembly.
73rd 1992 Introduced Panchayati Raj system (Part IX) – 3-tier local governance in rural India.
74th 1992 Introduced Municipalities (Part IXA) – local governance in urban areas.
86th 2002 Made free and compulsory education a Fundamental Right (Article 21A).
91st 2003 Strengthened Anti-Defection Law; limited size of Council of Ministers.
101st 2016 Introduced Goods and Services Tax (GST) – One Nation, One Tax.
103rd 2019 Provided 10% reservation for Economically Weaker Sections (EWS) in education and jobs.
104th 2020 Abolished Anglo-Indian reserved seats in Lok Sabha & State Assemblies.

🧾 Important Themes Over Time:

Decade Focus
1950s–60s Reorganization, Land Reforms, Language
1970s Centralization, Emergency, Fundamental Rights
1980s–90s Anti-defection, Local governance
2000s Education, Council limits, Political stability
2010s–2020s Tax reform, Reservation, Parliamentary modernization


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