Part-xx Article 368 (1) of the Constitution of India grants constituent power to make formal amendments and empowers Parliament to amend the Constitution by way of addition, variation or repeal of any provision according to the procedure laid down therein, which is different from the procedure for ordinary legislation.
What does Article 368 refer to?
368. Power of Parliament to amend the Constitution and procedure therefor. (1) Notwithstanding anything in this Constitution, Parliament may in exercise of its constituent power amend by way of addition, variation or repeal any provision of this Constitution in accordance with the procedure laid down in this article.
Can Article 368 itself be amended?
Article 368 of the Indian Constitution provides the procedure of Amendment. Indian Constitution is neither rigid nor flexible because, under Article 368, the Constitution can be amended by a simple majority or by the special majority and by the majority of not less than 2/3 members of each house.
Is Article 368 basic structure?
Article 368 does not enable Parliament to alter the basic structure or framework of the Constitution.
What is the Article 352?
National emergency under Article 352
Originally at the beginning, National emergency could be declared on the basis of “external aggression or war” and “internal disturbance” in the whole of India or a part of its territory under Article 352.
What is the Article 61?
Article 61 Procedure for impeachment of the President
(1) When a President is to be impeached for violation of the Constitution, the charge shall be preferred by either House of Parliament.
Can Article 13 be amended?
“(3) Nothing in article 13 shall apply to any amendment made under this article”. The full text of article 13, after the 24th Amendment, is given below: 13. Laws inconsistent with or in derogation of the fundamental rights.
Can Supreme Court overturn amendment?
When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions can be altered only by the rarely used procedure of constitutional amendment or by a new ruling of the Court. However, when the Court interprets a statute, new legislative action can be taken.
What does Article 356 say?
Under Article 356 of the Constitution of India, in the event that a state government is unable to function according to Constitutional provisions, the Union government can take direct control of the state machinery.
Who made the Constitution of India?
On 29 August, 1947, the Constituent Assembly set up a Drafting Committee under the Chairmanship of Dr. B.R. Ambedkar to prepare a Draft Constitution for India.
Is federalism a part of basic structure?
Federalism is part of the basic structure of the Indian constitution which cannot be altered or destroyed through constitutional amendments under the constituent powers of the Parliament without undergoing judicial review by the Supreme Court.