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Article 368 can amend in a variation of existing constituent power or repeal a provision of the constitution. The concerned article consists of a detailed discussion on the importance of the amendment of different regulations as per requirements for the welfare of the country’s people. In contrast, will the application of article no 368 the preamble of the constitution cannot be amended. Part-XX of this article comments on the requirements of formal amendment after the regulation of constituent power. The provisioning process is the variation laid down in different regulations. Article 368 can amend in case of emergency provisions as well as special requirements proposed by representatives at state level or at union level.
Article 368 and its amendment: overview
Article 368 is a significant article of the Indian constitution that mainly focuses on significance of different acts as per the requirements. The process of amendment of the different articles initially begins with a proposal by a representative of the legislative assembly in the parliament to get the attention and decision of other members along with the president of the country. As per law, parliament has the right to amend act 368 in some cases such as emergency cases or variations with different procedures. Clause 5 of the concerned act states the parliament has no limitation of power to amend the act also with this particular act as well. The amendment should be reliable for any kind of social, political, as well as economic justice in different stages of the country. Article 368 can amend without affecting the basic structure of the constitution.
The basic structure of article 368 and its amendment
| The basic structure of amendment | Amendment procedure |
| A simple majority of amendment | Most of the amendment processes with a simple majority of the parliament that refers in voting session. The bill should be passed by two-three majorities. In the upper house of parliament, the majority process is calculated by three-fourths of the majority’s support. |
| Special majority of amendment | Special majority amendment can happen in case of certain articles in emergency provisions. The special majority mainly refers to the majority in the upper houses of parliament. |
| State assembly’s ratification | The legislative body followed the ratification process by a minimum of state assemblies’ contribution. Article 368 concludes that the amendment seeks an alteration process after the presentation of the bill in parliament. |
Basic features of the Constitution
- The basic feature of the constitution is that it is the lengthiest written constitution in the world with 365 articles and 12 schedules. Until now, more than 100 times the amendments process has been conducted for the alteration of different acts.
- Another significant feature of the constitution is that it was drawn from different sources to make the constitution efficient and effective for the country’s people.
- The constitution of India consists of a federal structure, which means the power of legislation is handed over both at the state level as well as at the union level.
- Parliament is the highest legislative organization and the Supreme Court is the highest judicial body in this country.
- The sovereignty of parliament action and judicial supremacy of the Supreme Court is balanced in this constitution. As per the constitution, the parliament has the right to regulate new laws with the support of majority members of the highest legislative body.
- Independency of the judicial system is another significant feature of the constitution that regulates a single judiciary system in the overall country.
- Directive principles for the government body are a unique feature of the constitution that guides the legislative person to efficiently perform their duty as per the instruction of the constitution.
- The constitution of India is rigid as well as flexible as the article of this constitution of India can be amended as per requirements.
Conclusion
The Constitution forms a democratic feature that leads to forming a republic state for the government. Secular characteristics make the constitution supreme and the federal characteristics of the Indian constitution can make the legislative process more effective for the people. A unity and sovereignty feature of the constitution makes it more customized for government purposes as well as provides individual freedom to the country’s people. Article 368 can amend any article of the constitution but for the amendment of fundamental rights or the DPSP, it requires special permission from the majority members of both houses of parliament.
