Understanding Article 368 of the Indian Constitution: The Mechanics and Importance of Constitutional Amendments

Article 368 of the Indian Constitution is a critical component that governs the process of amending the Constitution. This clause provides the framework for modifying its provisions while ensuring that the fundamental principles of the Constitution remain intact. The article's importance lies in balancing the adaptability of the Constitution with the preservation of core democratic values. This detailed exploration aims to elucidate the key aspects of Article 368.

Power to Amend

Article 368 bestows upon the Parliament of India the authority to amend the Constitution. However, this power is not unlimited. The amendment must be carried out through a legal process outlined in the article. This process ensures that the modifications made to the Constitution are done in a structured and deliberative manner.

Types of Amendments

Simple Majority

Certain amendments can be made with a simple majority in both Houses (Lok Sabha and Rajya Sabha) of Parliament. These amendments typically do not affect the basic structure or framework of the Constitution. The process for such amendments involves:

Introduction of a bill in either House of Parliament Discussion and voting in both Houses Presidential assent after the bill's passage

Special Majority

Other amendments require a more stringent majority, known as a special majority. This can be achieved in two ways:

A majority of the total membership of each House and a majority of those present and voting A majority of the total membership of each House and approval by half of the state legislatures

Ratification by States

Certain amendments, especially those impacting the federal structure such as the representation of states in Parliament, require ratification by at least half of the state legislatures. This ensures that the amendment is widely supported at the regional level.

Procedure for Amendment

The procedure for amending the Constitution varies depending on the type of amendment. In general, the process involves:

Introduction of a bill in either House Discussion and voting in both Houses Presidential assent after the bill's passage

Judicial Review and the Basic Structure Doctrine

The Supreme Court of India has established a significant precedent concerning Article 368 through its landmark judgment, Kesavananda Bharati v. State of Kerala in 1973. The Court held that the Parliament's power to amend the Constitution is not absolute and cannot alter the basic structure or framework of the Constitution. This principle underscores the importance of preserving the foundational principles of the Constitution even as amendments are made.

Conclusion

In summary, Article 368 of the Indian Constitution provides a mechanism for constitutional amendments that balances the need for adaptability with the preservation of core democratic values. By establishing a structured process for amending the Constitution and safeguarding the basic structure, the article ensures that the Constitution remains relevant and effective over time.

Keywords: Article 368, Indian Constitution, Constitutional Amendments