Article 368 of the Constitution of India
E552661
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.
Observed surface forms (1)
| Surface form | Occurrences |
|---|---|
| Article 368 of the Constitution of the India | 0 |
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.
Legislative process in India
→
constitutionalAmendmentProcessGovernedBy
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Article 368 of the Constitution of India
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