Constitutional Amendment Article 368 explained by M Laxmikanth for UPSC study seekers on StudyIQ!

Learning About the Constitution: Amendment of Article 368 | Indian Polity Easy for UPSC by M Laxmikanth | StudyIQ

1. What is Article 368 of the Indian Constitution?
   Article 368 of the Indian Constitution provides the procedure for its amendment.

2. How can the Constitution be amended in India?
   The Constitution can be amended through a special process laid down in Article 368 which requires the approval of both Houses of Parliament with a two-thirds majority.

3. Can the Parliament amend any part of the Constitution?
   No, Parliament cannot amend the fundamental elements of the Constitution like the federal structure, secularism, and democracy as these are considered basic features of the Constitution.

4. Can the President of India introduce amendments to the Constitution?
   No, the President of India cannot introduce amendments to the Constitution. The power to amend the Constitution lies solely with Parliament.

5. Are there any restrictions on the amendment power of Parliament?
   Yes, Parliament cannot make amendments to the Constitution that affect the federal nature of the Constitution without the approval of at least half of the state legislatures.

6. Can the judiciary review constitutional amendments in India?
   Yes, the judiciary has the power to review constitutional amendments in India and can strike down any amendment that violates the basic structure of the Constitution.

7. Can the Constitution be amended to reduce the rights of citizens in India?
   No, the Constitution cannot be amended to reduce the rights of citizens as it is a violation of the basic principles of the Constitution.

8. How many amendments have been made to the Indian Constitution since its adoption in 1950?
   As of now, there have been over 100 amendments made to the Indian Constitution since its adoption in 1950.

The amendment of the Constitution Article 368 is a crucial topic in Indian Polity, explained by M Laxmikanth in his book for UPSC preparation. This article deals with the procedure for amending the Constitution to ensure that necessary changes can be made with due process and careful consideration. According to Article 368, the Indian Constitution can be amended by Parliament through a special procedure that requires a two-thirds majority in both Houses. This ensures that any changes made to the Constitution are not done hastily or without proper deliberation.

The process of amending the Constitution under Article 368 involves several key steps. First, a bill must be introduced in either House of Parliament, and it must be passed by a two-thirds majority of the members present and voting. Then, the bill is sent to the other House for approval, where it must also be passed by a two-thirds majority. If both Houses pass the bill, it is sent to the President for his assent, after which it becomes law. This rigorous process ensures that any amendments to the Constitution reflect the will of the people and are in line with the principles of democracy.

There are certain limitations to the amending power of Parliament under Article 368. Some provisions of the Constitution cannot be amended at all, such as the federal structure of the Constitution, the unity and integrity of India, and the basic structure of the Constitution. These limitations are intended to protect the fundamental principles of the Constitution from being altered in a way that would undermine the founding principles of the Indian state. This ensures that the Constitution remains a stable and enduring document that reflects the values and aspirations of the Indian people.

In addition to the limitations imposed on the amending power of Parliament, there are also special procedures for amending certain parts of the Constitution. For example, certain amendments require the ratification of at least half the state legislatures before they can come into force. This is to ensure that changes to the Constitution that affect the powers of the states are made with the consent of the states themselves. These special procedures help to safeguard the federal structure of the Constitution and ensure that the interests of all stakeholders are taken into account when amending the Constitution.

Overall, the amendment of the Constitution Article 368 is a vital aspect of Indian Polity that governs the process by which changes can be made to the Constitution. By laying down a strict procedure for amending the Constitution and imposing limitations on the amending power of Parliament, Article 368 ensures that any changes made to the Constitution are done with due consideration and respect for the fundamental principles of the Indian state. This topic is essential for UPSC aspirants to understand as they prepare for the examination and seek to gain a deeper understanding of the Indian political system.

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