Introduction

The Indian Constitution is the supreme law of the land, providing the framework for the governance of the country. It is a living document that has been amended several times since its adoption in 1950. Article 368 of the Indian Constitution grants the power to amend the Constitution to the Parliament of India. This article outlines the procedure to be followed for such amendments. In this article, we will explore the provisions of Article 368 and understand the significance of this power vested in the Parliament.

Understanding Article 368

Article 368 is a crucial provision in the Indian Constitution as it empowers the Parliament to amend any part of the Constitution. It defines the procedure to be followed for such amendments and lays down the limitations and safeguards to ensure the integrity and stability of the Constitution.

Procedure for Amendment

The procedure for amending the Constitution under Article 368 involves several steps. The first step is the introduction of a Bill in either House of Parliament. This Bill can be introduced by any member of the Parliament, be it a Minister or a private member. The Bill must be passed in each House by a special majority, which means it must be supported 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. After the Bill is passed by both Houses, it is presented to the President for his assent. The President has the power to give his assent or withhold it. If the President gives his assent, the amendment becomes a part of the Constitution. However, if the President withholds his assent, the Bill is deemed to have been rejected.

Limitations and Safeguards

While Article 368 grants the power to amend the Constitution, it also imposes certain limitations and safeguards to prevent arbitrary changes and maintain the basic structure of the Constitution. The Supreme Court of India has held that the Parliament cannot amend the Constitution in a manner that destroys its basic features. The basic structure doctrine was established by the Supreme Court in the landmark case of Kesavananda Bharati v. State of Kerala in 1973. According to this doctrine, certain essential features of the Constitution, such as the supremacy of the Constitution, separation of powers, federalism, and judicial review, cannot be amended by the Parliament. This limitation ensures that the Parliament does not have absolute power to alter the fundamental principles and values enshrined in the Constitution. It acts as a safeguard to protect the democratic and constitutional fabric of the nation.

Significance of Article 368

Article 368 plays a crucial role in ensuring the adaptability and flexibility of the Indian Constitution. It allows for necessary changes to be made in response to evolving societal needs and aspirations. Over the years, the Parliament has utilized this power to amend the Constitution and bring about significant reforms in various areas. The power to amend the Constitution under Article 368 reflects the democratic principles on which the Indian Constitution is based. It ensures that the Constitution remains a living document, capable of reflecting the changing needs and aspirations of the people.

Conclusion

Article 368 of the Indian Constitution grants the power to amend the Constitution to the Parliament of India. It outlines the procedure to be followed for such amendments and imposes limitations and safeguards to protect the basic structure of the Constitution. This provision reflects the adaptability and flexibility of the Indian Constitution and ensures that it remains relevant in a dynamic and evolving society. The power vested in the Parliament under Article 368 is a testament to the democratic principles on which the Indian Constitution is founded.