Article 368 Simplified: Power of Parliament to amend the Constitution and procedure therefor

Official Text

[(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 and by a majority of not less than two-thirds of the members 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, 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, the amendment shall also require to be ratified by the Legislatures of not less than one-half of the States *** by resolutions 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.] [TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS]

Simple Meaning

Article 368 is what makes the Indian Constitution a 'Living Document.' It lays down the formal amendment procedure — giving Parliament the power to change, add, or remove provisions so the Constitution stays relevant as society evolves. Some amendments need only a simple majority; others need a special two-thirds majority plus ratification by half the State legislatures — protecting federal and fundamental principles.

Explain Like Ten

This is the rule that lets Parliament change or add new rules to the Constitution as the years go by. For normal changes, they need a big vote (2/3 majority). For rules that affect the states, they also need approval from half of the state governments.

Student Mode

Vests constituent power in Parliament to amend the Constitution by way of addition, variation, or repeal. Article 368 details two procedures: (1) Special Majority (majority of total membership and 2/3 present and voting in each House), and (2) Special Majority + State Ratification (requiring approval from at least 1/2 of state legislatures for federal clauses like Articles 54, 55, 73, 162, 241, 279A, Part V Chapter IV, Part VI Chapter V, Part XI Chapter I, Seventh Schedule lists, parliamentary representation, or Article 368 itself). Amending power is restricted by the 'Basic Structure' doctrine established in Kesavananda Bharati (1973).

Example

The 101st Amendment, which brought in the GST (Goods and Services Tax), was passed using the power of Article 368.

Key Takeaway

Article 368 balances stability with the need for change, ensuring India never outgrows its Constitution.

FAQs

What is the 'Basic Structure' doctrine in relation to Article 368?

Established in the landmark Kesavananda Bharati v. State of Kerala (1973) case, the Supreme Court ruled that while Parliament has broad powers to amend any part of the Constitution under Article 368, it cannot alter or destroy its 'basic structure' (such as secularism, democracy, federalism, judicial review, and fundamental rights).

Must the President sign an amendment bill passed under Article 368?

Yes. The 24th Amendment (1971) amended Article 368 to state that the President 'shall give his assent to the Bill,' removing the President's power to withhold assent or return constitutional amendment bills.

Why were Clause (4) and Clause (5) of Article 368 declared invalid?

Clauses (4) and (5), inserted by the 42nd Amendment (1976), declared that amendments could not be challenged in court and that there are no limitations on Parliament's constituent power. In Minerva Mills (1980), the Supreme Court struck down these clauses, ruling that judicial review is part of the Basic Structure and cannot be abolished.

Quiz

Which landmark case established the 'Basic Structure' limitation on Parliament's amending power under Article 368?

Answer: Kesavananda Bharati case (1973)

An amendment affecting the Seventh Schedule (federal lists) requires approval from what proportion of State Legislatures?

Answer: Not less than one-half

Under Article 368(3), which article's restrictions do not apply to a constitutional amendment?

Answer: Article 13

Related Topics

• Preamble
• Article 13