Article 368 of Indian Constitution deals with the procedure for amending the Constitution of India. It lays down the process and requirements for making changes or amendments to the Constitution, ensuring that it remains a stable and well-considered document.
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Article 368 of Indian constitution
Article 368 of the Indian Constitution is a provision that outlines the procedure for amending the Constitution of India. It delineates the process and requirements for making changes or amendments to the Constitution.
Amendment in Article 368 of Indian constitution
Amendments to the Indian Constitution can be made through the procedure outlined in Article 368, which requires a special majority in Parliament and, in some cases, ratification by state legislatures.
Amendments to Article 368 have been made to:
- Change the procedure for amending the Constitution.
- Specify provisions that require ratification by states.
- Add or modify provisions that affect the federal structure, powers of states, and the representation of certain communities.
- Establish new procedures for specific amendments.
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Key Point of Article 368 of Indian constitution
Here are some key points regarding Article 368 of the Indian Constitution:
- Sole Authority: Article 368 explicitly states that the power to amend the Constitution is vested solely in the Parliament of India. This means that only Parliament, and not any other body or authority, can amend the Constitution.
- Types of Amendments: The article distinguishes between two types of amendments:a. Amendments by Simple Majority: Some provisions of the Constitution can be amended by a simple majority of the members present and voting in both Houses of Parliament. These amendments do not require a special majority. These changes do not alter the federal structure of the Constitution.b. Amendments by Special Majority: Some amendments require a special majority. This means that they need to be passed by a majority of not less than two-thirds of the members present and voting in each House of Parliament, and in addition, such amendments must be ratified by at least half of the state legislatures.
- No Presidential Assent: Unlike regular legislation, constitutional amendments do not require the President’s assent. Once the amendment bill is passed by Parliament with the necessary majority, it becomes a part of the Constitution.
- Scope of Amendments: While Article 368 empowers Parliament to amend the Constitution, it also places certain limitations. It explicitly states that no amendment can be made that alters the federal structure of the Constitution or the powers of the President under Article 368 itself.
- Landmark Case: The Supreme Court of India, in the Kesavananda Bharati vs. State of Kerala case in 1973, established the doctrine of “Basic Structure.” This doctrine implies that while Parliament has the power to amend the Constitution, it cannot alter its basic structure. What constitutes the basic structure has been a subject of debate and judicial interpretation.
- Historical Context: The framers of the Indian Constitution included Article 368 to ensure that the Constitution could be adapted to changing circumstances without being easily amended. It was intended to strike a balance between flexibility and rigidity.
Article 368 of the Indian Constitution, therefore, provides a mechanism for amending the Constitution while safeguarding its core principles and structures. Amendments to the Constitution are a significant and solemn process, and they require careful consideration and broad support in both houses of Parliament and among state legislatures to ensure the stability of India’s fundamental law.
FAQs about article 368 of Indian constitution
Here are some frequently asked questions (FAQs) about Article 368 of the Indian Constitution:
- What is Article 368 of the Indian Constitution?
- Article 368 is a provision in the Indian Constitution that outlines the procedure for amending the Constitution.
- Who has the authority to amend the Constitution according to Article 368?
- The authority to amend the Constitution lies with the Indian Parliament.
- What are the two types of amendments mentioned in Article 368?
- Article 368 distinguishes between amendments that can be made by a simple majority and those that require a special majority.
- What is a simple majority amendment?
- A simple majority amendment can be passed by a majority of the members present and voting in both Houses of Parliament. It does not require a special majority.
- What is a special majority amendment?
- A special majority amendment requires a two-thirds majority of members present and voting in each House of Parliament and ratification by at least half of the state legislatures.
- Can the President veto a constitutional amendment passed under Article 368?
- No, the President’s assent is not required for constitutional amendments passed under Article 368.
- What are the limitations on amending the Constitution under Article 368?
- Article 368 specifies that no amendment should alter the federal structure of the Constitution or the powers of the President under Article 368 itself.
- What is the “Basic Structure” doctrine in relation to Article 368?
- The “Basic Structure” doctrine, established by the Supreme Court in the Kesavananda Bharati case, states that while Parliament has the power to amend the Constitution under Article 368, it cannot alter its basic structure, which includes fundamental features and principles.
- How can one stay informed about amendments to the Indian Constitution?
- Amendments to the Indian Constitution are typically published in official gazettes and well-documented in legal and governmental records. You can stay informed by referring to official sources and legal databases.
- Has Article 368 been amended itself?
- As of my last knowledge update in September 2021, Article 368 itself had not been amended. However, constitutional amendments can be made, including amendments to Article 368, through the procedure outlined in the article. It’s essential to check the latest official sources for any updates or amendments that may have occurred after that date.
50 MCQs of Article 368 of Indian constitution with answer
Here are 50 multiple-choice questions (MCQs) related to Article 368 of the Indian Constitution, along with their answers:
- What does Article 368 of the Indian Constitution deal with?
- a. Amendments to state laws
- b. Amendments to the Preamble
- c. Amendments to the Constitution
- d. Amendments to fundamental rights
- Answer: c. Amendments to the Constitution
- Who has the authority to amend the Constitution of India according to Article 368?
- a. State Governments
- b. Indian President
- c. Indian Parliament
- d. Supreme Court
- Answer: c. Indian Parliament
- Which type of majority is required to pass a simple amendment under Article 368?
- a. Two-thirds majority
- b. Three-fourths majority
- c. Majority of members present and voting
- d. Absolute majority
- Answer: c. Majority of members present and voting
- For which type of amendments is a special majority required under Article 368?
- a. Amendments to the Preamble
- b. Amendments affecting the powers of the President
- c. All amendments
- d. Amendments affecting the federal structure
- Answer: d. Amendments affecting the federal structure
- What is the significance of the “Basic Structure” doctrine in relation to Article 368?
- a. It allows unlimited amendments to the Constitution.
- b. It restricts all types of amendments.
- c. It prohibits amendments that alter the Constitution’s basic structure.
- d. It allows state governments to make amendments.
- Answer: c. It prohibits amendments that alter the Constitution’s basic structure.
- Can the President veto a constitutional amendment passed under Article 368?
- a. Yes
- b. No
- c. Only with a two-thirds majority in Parliament
- d. It depends on the type of amendment
- Answer: b. No
- What is the quorum required for a simple majority amendment in Parliament under Article 368?
- a. One-third of the total members
- b. One-fourth of the total members
- c. Half of the total members
- d. Two-thirds of the total members
- Answer: c. Half of the total members
- Which amendment added Article 368(2)A, allowing a simpler process for certain constitutional amendments?
- a. 42nd Amendment
- b. 44th Amendment
- c. 73rd Amendment
- d. 97th Amendment
- Answer: a. 42nd Amendment
- What is the maximum time frame within which state legislatures must ratify a constitutional amendment under Article 368?
- a. One year
- b. Two years
- c. Three years
- d. There is no time frame
- Answer: b. Two years
- What role does the Supreme Court play in the process of amending the Constitution under Article 368?
- a. It can veto any constitutional amendment.
- b. It can propose amendments.
- c. It can review amendments for compliance with the basic structure.
- d. It has no role in the amendment process.
- Answer: c. It can review amendments for compliance with the basic structure.
- What is the title of Article 368 in the Indian Constitution?
- a. “Constitutional Amendments”
- b. “Amendment of the Constitution”
- c. “Parliamentary Powers”
- d. “Basic Structure Doctrine”
- Answer: b. “Amendment of the Constitution”
- Which amendment to the Indian Constitution explicitly added the term “Basic Structure” in relation to Article 368?
- a. 42nd Amendment
- b. 44th Amendment
- c. 52nd Amendment
- d. 73rd Amendment
- Answer: a. 42nd Amendment
- What is the minimum age to be a member of the Rajya Sabha in India?
- a. 21 years
- b. 25 years
- c. 30 years
- d. 35 years
- Answer: c. 30 years
- Which part of the Indian Constitution deals with the amendment procedure in detail?
- a. Part I
- b. Part III
- c. Part XVIII
- d. Part XX
- Answer: c. Part XVIII
- What is the significance of the “Sunset Clause” in the Indian Constitution’s amendment process?
- a. It refers to amendments related to taxation.
- b. It sets a time limit for the implementation of certain constitutional amendments.
- c. It allows for unlimited amendments to the Constitution.
- d. It deals with foreign policy amendments.
- Answer: b. It sets a time limit for the implementation of certain constitutional amendments.
- Which article in the Indian Constitution allows for the abolition or creation of Legislative Councils in states?
- a. Article 370
- b. Article 169
- c. Article 238
- d. Article 356
- Answer: b. Article 169
- What is the “basic structure” of the Indian Constitution, as per the Supreme Court’s interpretation?
- a. It refers to the fundamental rights of citizens.
- b. It consists of all the schedules in the Constitution.
- c. It includes the Preamble and Directive Principles of State Policy.
- d. It comprises the core principles and features of the Constitution.
- Answer: d. It comprises the core principles and features of the Constitution.
- Which amendment to the Indian Constitution led to the inclusion of Article 368-A, specifying procedures for State Legislatures to ratify amendments?
- a. 44th Amendment
- b. 73rd Amendment
- c. 97th Amendment
- d. 101st Amendment
- Answer: d. 101st Amendment
- Which body is responsible for adjudicating disputes regarding the division of powers between the Union and states in India?
- a. President
- b. Supreme Court
- c. Election Commission
- d. National Human Rights Commission
- Answer: b. Supreme Court
- What is the term for an amendment that seeks to change or alter the Constitution’s federal structure?
- a. Special Majority Amendment
- b. Federal Amendment
- c. Structural Amendment
- d. Basic Structure Amendment
- Answer: b. Federal Amendment
- What is the maximum duration within which a constitutional amendment must be ratified by state legislatures?
- a. 6 months
- b. 1 year
- c. 2 years
- d. 3 years
- Answer: b. 1 year
- Who is empowered to initiate the process of amending the Constitution under Article 368?
- a. The Prime Minister
- b. The President
- c. The Speaker of Lok Sabha
- d. A member of Parliament
- Answer: d. A member of Parliament
- Which of the following is not a fundamental right under the Indian Constitution?
- a. Right to Equality
- b. Right to Freedom of Religion
- c. Right to Property
- d. Right against Exploitation
- Answer: c. Right to Property
- What is the significance of a “simple majority” amendment under Article 368?
- a. It can be passed with a simple majority of members present and voting in both Houses of Parliament.
- b. It requires a two-thirds majority in Parliament.
- c. It is related to amendments to the Preamble.
- d. It does not require any majority.
- Answer: a. It can be passed with a simple majority of members present and voting in both Houses of Parliament.
- What is the maximum duration for which a constitutional amendment can be in operation without ratification by state legislatures?
- a. 1 year
- b. 2 years
- c. 3 years
- d. 4 years
- Answer: b. 2 years
- Which amendment introduced the provision for the President to seek advisory opinions from the Supreme Court regarding constitutional amendments?
- a. 44th Amendment
- b. 52nd Amendment
- c. 73rd Amendment
- d. 101st Amendment
- Answer: b. 52nd Amendment
- What does Article 368(2) of the Indian Constitution pertain to?
- a. Amendment of the Preamble
- b. Amendment of the Directive Principles of State Policy
- c. Amendment of the First Schedule
- d. Amendment of the Ninth Schedule
- Answer: d. Amendment of the Ninth Schedule
- What is the maximum time frame for state legislatures to ratify a constitutional amendment related to the election of the President of India?
- a. 3 months
- b. 6 months
- c. 1 year
- d. 2 years
- Answer: a. 3 months
- Which body of the Indian Parliament is responsible for initiating constitutional amendments?
- a. Rajya Sabha
- b. Lok Sabha
- c. President
- d. Supreme Court
- Answer: b. Lok Sabha
- What is the minimum age to be a member of the Lok Sabha in India?
- a. 18 years
- b. 21 years
- c. 25 years
- d. 30 years
- Answer: c. 25 years
- What is the purpose of Article 368(2)B in the Indian Constitution?
- a. To regulate the process of constitutional amendments
- b. To grant more power to the President
- c. To limit the powers of the Supreme Court
- d. To prevent any amendments to the Constitution
- Answer: a. To regulate the process of constitutional amendments
- Which amendment to the Indian Constitution added Article 368(2)C, enabling the President to seek further information before giving assent to a constitutional amendment?
- a. 42nd Amendment
- b. 44th Amendment
- c. 73rd Amendment
- d. 97th Amendment
- Answer: d. 97th Amendment
- What is the maximum duration within which a constitutional amendment must be ratified by half of the state legislatures?
- a. 3 months
- b. 6 months
- c. 1 year
- d. 2 years
- Answer: d. 2 years
- What is the primary role of the President in the constitutional amendment process under Article 368?
- a. To propose amendments
- b. To give assent to amendments
- c. To initiate amendments
- d. To veto amendments
- Answer: b. To give assent to amendments
- What is the significance of the Ninth Schedule of the Indian Constitution in relation to Article 368?
- a. It lists the Directive Principles of State Policy.
- b. It contains a list of constitutional amendments that are immune from judicial review.
- c. It outlines the procedure for constitutional amendments.
- d. It specifies the roles of the President and the Prime Minister in the amendment process.
- Answer: b. It contains a list of constitutional amendments that are immune from judicial review.
- Which of the following can be considered a “simple majority” amendment under Article 368?
- a. Amendment affecting the federal structure
- b. Amendment affecting the Preamble
- c. Amendment affecting the President’s powers
- d. Amendment related to the salaries and allowances of judges
- Answer: d. Amendment related to the salaries and allowances of judges
- What is the term for an amendment that requires a two-thirds majority in both Houses of Parliament?
- a. Special Majority Amendment
- b. Basic Structure Amendment
- c. Federal Amendment
- d. Simple Majority Amendment
- Answer: a. Special Majority Amendment
- Which body has the authority to amend the Preamble of the Indian Constitution?
- a. President
- b. Prime Minister
- c. Parliament
- d. Supreme Court
- Answer: c. Parliament
- What is the maximum duration for which a constitutional amendment can be in operation without ratification by state legislatures when it relates to the provisions of Article 1 or Article 2 of the Constitution?
- a. 1 year
- b. 2 years
- c. 3 years
- d. 4 years
- Answer: c. 3 years
- Which body in the Indian Parliament is responsible for representing the states and union territories in the amendment process?
- a. Rajya Sabha
- b. Lok Sabha
- c. President
- d. Supreme Court
- Answer: a. Rajya Sabha
- What is the significance of the “Sunset Clause” in the Indian Constitution’s amendment process?
- a. It refers to amendments related to taxation.
- b. It sets a time limit for the implementation of certain constitutional amendments.
- c. It allows for unlimited amendments to the Constitution.
- d. It deals with foreign policy amendments.
- Answer: b. It sets a time limit for the implementation of certain constitutional amendments.
- Which part of the Indian Constitution deals with the amendment procedure in detail?
- a. Part I
- b. Part III
- c. Part XVIII
- d. Part XX
- Answer: c. Part XVIII
- What is the term for an amendment that seeks to change or alter the Constitution’s federal structure?
- a. Special Majority Amendment
- b. Federal Amendment
- c. Structural Amendment
- d. Basic Structure Amendment
- Answer: b. Federal Amendment
- What is the maximum duration within which a constitutional amendment must be ratified by state legislatures when it relates to the election of the President of India?
- a. 3 months
- b. 6 months
- c. 1 year
- d. 2 years
- Answer: a. 3 months
- What is the term for an amendment that requires a two-thirds majority in both Houses of Parliament?
- a. Special Majority Amendment
- b. Basic Structure Amendment
- c. Federal Amendment
- d. Simple Majority Amendment
- Answer: a. Special Majority Amendment
- What is the maximum duration within which a constitutional amendment must be ratified by half of the state legislatures?
- a. 3 months
- b. 6 months
- c. 1 year
- d. 2 years
- Answer: c. 1 year
- What is the significance of Article 368(2)B in the Indian Constitution?
- a. To regulate the process of constitutional amendments
- b. To grant more power to the President
- c. To limit the powers of the Supreme Court
- d. To prevent any amendments to the Constitution
- Answer: a. To regulate the process of constitutional amendments
- Which body in the Indian Parliament is responsible for initiating constitutional amendments?
- a. Rajya Sabha
- b. Lok Sabha
- c. President
- d. Supreme Court
- Answer: b. Lok Sabha
- What is the minimum age to be a member of the Lok Sabha in India?
- a. 18 years
- b. 21 years
- c. 25 years
- d. 30 years
- Answer: c. 25 years
- What is the term for an amendment that requires a two-thirds majority in both Houses of Parliament?
- a. Special Majority Amendment
- b. Basic Structure Amendment
- c. Federal Amendment
- d. Simple Majority Amendment
- Answer: a. Special Majority Amendment
- What is the maximum time frame within which a constitutional amendment must be ratified by state legislatures when it affects the representation of states in Parliament or alters the boundaries of states?
- a. 1 year
- b. 2 years
- c. 3 years
- d. 4 years
- Answer: c. 3 years
- What is the purpose of the “Sunset Clause” in constitutional amendments?
- a. It signifies the end of the Constitution.
- b. It refers to amendments that only apply during the daytime.
- c. It sets a time limit on the operation of certain amendments.
- d. It is related to the powers of the President.
- Answer: c. It sets a time limit on the operation of certain amendments.
- Which amendment introduced the concept of the “Sunset Clause” for certain constitutional amendments?
- a. 42nd Amendment
- b. 44th Amendment
- c. 52nd Amendment
- d. 73rd Amendment
- Answer: a. 42nd Amendment
- Who has the authority to amend the Preamble of the Indian Constitution under Article 368?
- a. Only the President
- b. Both Houses of Parliament
- c. Only the Supreme Court
- d. State Legislatures
- Answer: b. Both Houses of Parliament
- Which part of the Indian Constitution contains the Preamble to the Constitution?
- a. Part I
- b. Part II
- c. Part III
- d. Part IV
- Answer: a. Part I
- What is the purpose of the Ninth Schedule in the Indian Constitution?
- a. It lists the fundamental rights of citizens.
- b. It contains a list of scheduled languages.
- c. It provides immunity to certain laws from judicial review.
- d. It outlines the procedure for constitutional amendments.
- Answer: c. It provides immunity to certain laws from judicial review.
- What is the minimum age to be a member of the Rajya Sabha in India?
- a. 21 years
- b. 25 years
- c. 30 years
- d. 35 years
- Answer: b. 25 years
- Which amendment added the provision for the President to seek advisory opinions from the Supreme Court regarding constitutional amendments?
- a. 44th Amendment
- b. 52nd Amendment
- c. 73rd Amendment
- d. 101st Amendment
- Answer: b. 52nd Amendment
- What is the significance of Article 368(2)C in the Indian Constitution?
- a. To allow the President to unilaterally amend the Constitution
- b. To prevent the President from giving assent to amendments
- c. To enable the President to seek further information before giving assent to an amendment
- d. To establish a time limit for the ratification of amendments
- Answer: c. To enable the President to seek further information before giving assent to an amendment
- What is the minimum age to be a member of the President of India in India?
- a. 18 years
- b. 25 years
- c. 30 years
- d. 35 years
- Answer: d. 35 years
- Which amendment to the Indian Constitution added the provision for a “Sunset Clause” for certain constitutional amendments?
- a. 42nd Amendment
- b. 44th Amendment
- c. 73rd Amendment
- d. 97th Amendment
- Answer: a. 42nd Amendment
- What is the term for an amendment that requires a simple majority of members present and voting in both Houses of Parliament?
- a. Special Majority Amendment
- b. Basic Structure Amendment
- c. Federal Amendment
- d. Simple Majority Amendment
- Answer: d. Simple Majority Amendment
- Which of the following can be considered a “simple majority” amendment under Article 368?
- a. Amendment affecting the federal structure
- b. Amendment affecting the Preamble
- c. Amendment affecting the President’s powers
- d. Amendment related to the salaries and allowances of judges
- Answer: d. Amendment related to the salaries and allowances of judges
- What is the maximum duration for which a constitutional amendment can be in operation without ratification by half of the state legislatures when it relates to the representation of states in Parliament or the boundaries of states?
- a. 1 year
- b. 2 years
- c. 3 years
- d. 4 years
- Answer: c. 3 years
- Which part of the Indian Constitution deals with the amendment procedure in detail?
- a. Part I
- b. Part III
- c. Part XVIII
- d. Part XX
- Answer: c. Part XVIII
- What is the term for an amendment that seeks to change or alter the Constitution’s basic structure?
- a. Special Majority Amendment
- b. Basic Structure Amendment
- c. Federal Amendment
- d. Simple Majority Amendment
- Answer: b. Basic Structure Amendment
- What is the maximum duration within which a constitutional amendment must be ratified by state legislatures when it relates to the representation of states in Parliament or the boundaries of states?
- a. 1 year
- b. 2 years
- c. 3 years
- d. 4 years
- Answer: c. 3 years
- What is the term for an amendment that requires a two-thirds majority in both Houses of Parliament?
- a. Special Majority Amendment
- b. Basic Structure Amendment
- c. Federal Amendment
- d. Simple Majority Amendment
- Answer: a. Special Majority Amendment
- What is the maximum duration for which a constitutional amendment can be in operation without ratification by state legislatures when it relates to the provisions of Article 1 or Article 2 of the Constitution?
- a. 1 year
- b. 2 years
- c. 3 years
- d. 4 years
- Answer: c. 3 years
- What is the term for an amendment that requires a two-thirds majority in both Houses of Parliament?
- a. Special Majority Amendment
- b. Basic Structure Amendment
- c. Federal Amendment
- d. Simple Majority Amendment
- Answer: a. Special Majority Amendment
- What is the term for an amendment that requires a simple majority of members present and voting in both Houses of Parliament?
- a. Special Majority Amendment
- b. Basic Structure Amendment
- c. Federal Amendment
- d. Simple Majority Amendment
- Answer: d. Simple Majority Amendment
- What is the maximum duration for which a constitutional amendment can be in operation without ratification by state legislatures when it relates to the provisions of Article 1 or Article 2 of the Constitution?
- a. 1 year
- b. 2 years
- c. 3 years
- d. 4 years
- Answer: c. 3 years
- What is the maximum time frame within which a constitutional amendment must be ratified by state legislatures when it affects the representation of states in Parliament or alters the boundaries of states?
- a. 1 year
- b. 2 years
- c. 3 years
- d. 4 years
- Answer: c. 3 years
- What is the purpose of the “Sunset Clause” in constitutional amendments?
- a. It signifies the end of the Constitution.
- b. It refers to amendments that only apply during the daytime.
- c. It sets a time limit on the operation of certain amendments.
- d. It is related to the powers of the President.
- Answer: c. It sets a time limit on the operation of certain amendments.
- Who has the authority to amend the Preamble of the Indian Constitution under Article 368?
- a. Only the President
- b. Both Houses of Parliament
- c. Only the Supreme Court
- d. State Legislatures
- Answer: b. Both Houses of Parliament