Constitutional Amendment is in which article?
VerifiedAnswer: Article 368
Explanation:
Article 368 of the Indian Constitution is the cornerstone provision that deals with the power of Parliament to amend the Constitution and the procedure for constitutional amendments. This article was included by the framers of the Constitution to ensure that the Constitution remains a living document that can adapt to changing times and circumstances while maintaining its basic structure and principles.
The article provides Parliament with the authority to amend any provision of the Constitution, but this power is not absolute. It establishes specific procedures that must be followed when making amendments. The procedure varies depending on the nature of the provision being amended - some amendments require a simple majority, others need a special majority, and certain amendments also require ratification by at least half of the state legislatures.
Under Article 368, most constitutional amendments require a special majority in both houses of Parliament. This means that the amendment bill must be passed by a majority of the total membership of each house and by a majority of not less than two-thirds of the members present and voting. This ensures that constitutional changes have broad support and are not made hastily.
For certain sensitive matters that affect the federal structure of the country, Article 368 mandates an additional step. These include amendments related to the election of the President, the extent of executive power of the Union and states, the Supreme Court and High Courts, distribution of legislative powers between the Union and states, and any of the lists in the Seventh Schedule. Such amendments must also be ratified by the legislatures of at least half of the states.
It's important to note that while Article 368 grants Parliament significant power to amend the Constitution, the Supreme Court of India, through various landmark judgments including the famous Kesavananda Bharati case (1973), has established that Parliament cannot alter the basic structure of the Constitution. This judicial interpretation has created an important balance between the need for constitutional flexibility and the preservation of fundamental constitutional principles.
