Article 368 of the Constitution of India

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Article 368 of the Constitution of India is the provision that lays down the procedure and scope for amending the Constitution, defining how and to what extent Parliament can alter its provisions.

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Observed surface forms (1)

Statements (47)

Predicate Object
instanceOf constitutional provision
appliesTo State Governments of India NERFINISHED
Union Government of India NERFINISHED
amendment of provisions relating to the Seventh Schedule of the Constitution of India
amendment of provisions relating to the election of the President of India
amendment of provisions relating to the federal structure
amendment of provisions relating to the powers of the Supreme Court and High Courts
amendment of provisions relating to the representation of States in Parliament
cameIntoForceOn 26 January 1950
clarifies no prior recommendation of the President is required to introduce a Constitutional Amendment Bill
currentlyContains five clauses
defines procedure for amendment of the Constitution of India
scope of Parliament’s power to amend the Constitution of India
special majority for constitutional amendment
distinguishesFrom ordinary legislative procedure under Article 107
grantsPowerTo Parliament of India NERFINISHED
hasBeenInterpretedBy Supreme Court of India NERFINISHED
hasPart Article 368(1)
Article 368(2)
Article 368(3)
Article 368(4)
Article 368(5)
language English
legalDomain constitutional law
limits Parliament’s power to amend the Constitution by the basic structure doctrine as interpreted by the Supreme Court
locatedInJurisdiction Republic of India NERFINISHED
originallyContained two clauses
partOf Constitution of India NERFINISHED
provides a Constitutional Amendment Bill cannot be treated as an ordinary bill
regulates manner of exercising constituent power by Parliament
relatedDoctrine basic structure doctrine NERFINISHED
requires President of India’s assent to a Constitutional Amendment Bill
introduction of a Constitutional Amendment Bill in either House of Parliament
majority of not less than two-thirds of the members of each House present and voting for amendment
majority of the total membership of each House of Parliament for amendment
passage of a Constitutional Amendment Bill in each House of Parliament by a special majority
specifies certain amendments require ratification by at least one-half of the State Legislatures
states no amendment of the Constitution can be initiated without a Bill in Parliament
subjectMatter amendment of the Constitution of India
wasAdoptedOn 26 November 1949
wasAmendedBy 24th Constitutional Amendment Act, 1971 NERFINISHED
42nd Constitutional Amendment Act, 1976 NERFINISHED
44th Constitutional Amendment Act, 1978 NERFINISHED
wasSignificantlyInterpretedIn Golaknath v. State of Punjab NERFINISHED
Kesavananda Bharati v. State of Kerala NERFINISHED
Minerva Mills Ltd. v. Union of India NERFINISHED
Sajjan Singh v. State of Rajasthan NERFINISHED

Referenced by (3)

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

Article 368 citedAs Article 368 of the Constitution of India
basic structure doctrine relatedTo Article 368 of the Constitution of India
Legislative process in India constitutionalAmendmentProcessGovernedBy Article 368 of the Constitution of India