Article 368

E126553

Article 368 is the provision in the Constitution of India that lays down the formal process and powers of Parliament to amend the Constitution.

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Label Occurrences
Article 368 canonical 1

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Statements (50)

Predicate Object
instanceOf article of the Constitution of India
constitutional provision
appliesIn Union of India
appliesTo amendment bills introduced in Parliament
cameIntoForceWith Constitution of India on 26 January 1950
citedAs Article 368 of the Constitution of India
clarifies that Parliament may amend any provision of the Constitution
containedInPart Part XX of the Constitution of India
defines powers of Parliament to amend the Constitution
distinguishesFrom Article 169 of the Constitution of India
Article 239A of the Constitution of India
Article 239AA of the Constitution of India
Article 4 of the Constitution of India
empowers Parliament to amend by way of addition, variation or repeal any provision of the Constitution
excludes ordinary legislative procedure for constitutional amendments
governs procedure for altering federal provisions of the Constitution
procedure for altering fundamental rights provisions
procedure for altering provisions relating to distribution of legislative powers between Union and States
procedure for altering provisions relating to representation of States in Parliament
procedure for altering provisions relating to the President and Parliament
procedure for altering provisions relating to the Seventh Schedule of the Constitution
procedure for altering provisions relating to the Supreme Court and High Courts
grantsPowerTo Parliament of India
hasHeading Power of Parliament to amend the Constitution and procedure therefor
hasShortDescription provision prescribing the procedure for amendment of the Constitution of India
isCentralTo Indian constitutional law
debates on parliamentary sovereignty and constitutional supremacy in India
language English
laysDown procedure for amendment of the Constitution
legalBasisFor all constitutional amendment acts of India
locatedInJurisdiction India
surface form: Republic of India
partOf Constitution of India
provides that constitutional amendment bills do not require Presidential recommendation for introduction
that the President shall give assent to a duly passed constitutional amendment bill
regulates amendment of the Constitution of India
requires majority of the total membership of each House for amendment bills
ratification by not less than one-half of the State Legislatures for certain amendments
special majority in each House of Parliament for constitutional amendment bills
two-thirds majority of members present and voting in each House for amendment bills
specifies that no amendment shall be called in question in any court on any ground once duly made (subject to judicial review on basic structure)
subjectOf I.C. Golaknath v. State of Punjab
Kesavananda Bharati v. State of Kerala
Kesavananda Bharati v. State of Kerala
surface form: Minerva Mills Ltd. v. Union of India

Sajjan Singh v. State of Rajasthan
subjectTo limitations imposed by the basic structure doctrine (judicially evolved)
wasAmendedBy 24th Amendment to the Constitution of India
Constitution (Forty-second Amendment) Act, 1976
surface form: 42nd Amendment to the Constitution of India

44th Amendment to the Constitution of India
various constitutional amendment acts of India
wasInterpretedToInclude doctrine of basic structure (through judicial interpretation)

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Referenced by (1)

Full triples — surface form annotated when it differs from this entity's canonical label.