SSC
The power of Parliament to amend the Constitution, and the procedure for doing so, are laid down in:
Answer (Detailed Solution Below)View answer ▾Hide ▴
Answer: Option A — Article 368 (Part XX)
Detailed Solution
Article 368, which forms Part XX of the Constitution, deals with the power of Parliament to amend the Constitution and the procedure for it.
What Article 368 provides:
- Parliament may, in the exercise of its constituent power, amend by way of addition, variation or repeal any provision of the Constitution, in accordance with the procedure laid down in this Article.
- An amendment can be initiated only by the introduction of a bill in either House of Parliament.
- The bill must be 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 present and voting.
- If the amendment affects certain federal provisions, it must also be ratified by the legislatures of not less than one-half of the States.
- After this, the bill is presented to the President, who must give assent.
The 24th Amendment (1971):
It made it clear that Parliament can amend any part of the Constitution, including the Fundamental Rights, and made it obligatory for the President to give assent to a constitutional amendment bill.
Limits on the amending power:
- In the Golak Nath case, the Supreme Court held that Parliament could not amend the Fundamental Rights.
- In the Kesavananda Bharati case, a bench of 13 judges held that Parliament can amend any part of the Constitution, but cannot alter its "basic structure".
- In the Minerva Mills case (1980), the Court held that limited amending power is itself a part of the basic structure.
Other ways of changing the Constitution:
Some provisions can be changed by Parliament by a simple majority, through ordinary laws; these are not treated as amendments under Article 368.
Number of amendments:
- The Constitution has been amended more than one hundred times since 1950.
- Good to know
- Article 352 deals with the national emergency; Article 356 with President's Rule in the states; Article 395 repealed certain earlier Acts.
Quick tip
Remember: Article 368 (Part XX) = amendment of the Constitution (special majority; ratification by half the states for federal matters; basic structure doctrine).
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Constitutional Amendments — Preparation
This question tests your understanding of Constitutional Amendments, a key topic in the General Knowledge section. The detailed solution above uses a step-by-step approach to show the reasoning, and where available, a shortcut that helps you solve similar questions in under 90 seconds during the actual exam.
This topic covers the procedure for amending the Constitution under Article 368 and the most important amendments, such as the 1st, 7th, 42nd, 44th, 52nd, 61st, 73rd, 74th, 86th, 101st and 103rd Amendments, along with the basic structure doctrine. Exams ask what a particular amendment did: the 61st lowered the voting age from 21 to 18, the 73rd and 74th gave constitutional status to panchayats and municipalities, the 86th made education a Fundamental Right, and the 101st introduced GST. The 42nd Amendment (1976) is often called the 'mini-Constitution' because of how much it changed. Practise the constitutional amendments questions below, written in the style of the general awareness sections of exams such as SSC, banking, railways, CUET GAT, MAH CET and CLAT. Each question comes with a detailed explanation that adds related facts, so every question helps you revise more than one point.