How does Article 368 relate to the Constitution?
Asked by: Jayce Treutel | Last update: April 20, 2026Score: 5/5 (50 votes)
Article 368 of the Indian Constitution grants Parliament the power to amend the Constitution by adding, varying, or repealing any provision, outlining the specific procedures for such changes, including requiring special majorities and, for some areas, state legislature ratification, while also being subject to the Supreme Court's "basic structure" doctrine limitations. It is essentially the core article governing constitutional change in India, ensuring both flexibility and stability by defining how the fundamental law can be altered.
What is the Article 368 of the Constitution?
368. 2[(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.] Parliament to amend the Constitution and procedure therefor.]
What is the purpose of a 368 article?
Article 368- It states that the Parliament may, in exercise of its constituent power, amend by way of addition, variation or repeal any provision of the Constitution in accordance with the procedure laid down for the purpose.
Does Article 368 affect fundamental rights?
If the State in its most comprehensive sense cannot make a law to take away or abridge Fundamental Rights, Parliament which is only one of the functionaries or agencies of the State cannot pass such a law under Article 368.
Can the Supreme Court repeal an amendment?
On 1 January 2024, the Supreme Court ruled 12-3 that it may reject amendments to Basic Laws in "extreme" circumstances. That specific amendment was struck down by an 8–7 vote. In the decision, the justices noted that the judicial overhaul would jeopardise the basic characteristic of Israel as a democratic country.
Constitutional Amendment Explained | Article 368 | Indian Constitution | By Abhinav Goswami
Can a president overrule an amendment?
Therefore, the Court appears to have adopted the view that the President cannot veto a proposed amendment.
Can the president override the Supreme Court?
No, the President cannot directly overrule a Supreme Court decision; the Court's interpretations of the Constitution are final unless overturned by a new Court ruling or a constitutional amendment, though a President might challenge rulings through appeals or by signing new laws, and Congress can also act to change laws the Court interpreted. The Supreme Court holds the ultimate authority on constitutional interpretation, a power established in Marbury v. Madison.
Can Article 368 amend all parts?
Hence Parliament was invested with the power to amend the Constitution. Article 368 of the Constitution gives the impression that Parliament's amending powers are absolute and encompass all parts of the document.
Who votes on constitutional amendments?
Congress may submit a proposed constitutional amendment to the states, if the proposed amendment language is approved by a two-thirds vote of both houses. Congress must call a convention for proposing amendments upon application of the legislatures of two-thirds of the states (i.e., 34 of 50 states).
Can we amend a preamble under Article 368?
The Court held that: The Preamble of the Constitution will now be considered as part of the Constitution. It held that the Preamble could be amended under Article 368, subject to the condition that no amendment is done to the 'basic structure' of the Constitution.
What are the powers of Parliament under Article 368?
Based on this Article- 368, the parliament can establish or dissolve the State's Legislative Council and the salaries of the president as well as Vice-President. Moreover, the Judges from both the courts pass an ordinary bill and distribute powers as well as authority between the states.
Which majority is required to amend Article 368?
A special majority requires a higher threshold, such as two-thirds of the members present and voting, or in some cases, two-thirds of the total membership of the house. It is typically required for constitutional amendment bills under Article 368.
Can Parliament under Article 368 of the Constitution can destroy the basic structure of the Constitution by expanding its amending power?
The Court reiterated that while Parliament has the authority to amend the Constitution, it cannot use this power to dilute or destroy its Basic Structure. In light of this, Parliament cannot expand its amending power under Article 368 to an extent that it would destroy the Basic Structure of the Constitution.
Do presidents have to approve constitutional amendments?
While Article I Section 7 provides that all federal legislation must, before becoming Law, be presented to the president for his or her signature or veto, Article V provides no such requirement for constitutional amendments approved by Congress or by a federal convention.
What is the Godel loophole?
In his 2012 paper "Gödel's Loophole", F. E. Guerra-Pujol speculates that the loophole is that Article V's procedures can be applied to Article V itself. It can therefore be altered in a "downward" direction, making it easier to alter the article again in the future.
Has Article V ever been used?
Overview. Article V of the U.S. Constitution provides two avenues for amending the Constitution. One of those avenues – an Article V Convention – has never before been used, in part because it could put the entire Constitution on the chopping block.
What is a 368 article?
Amendment by Special Majority: Most of the provisions of Constitution can be amended by special majority i.e. majority of the total membership of each house and by majority of not less than two third of the members of each house present and voting. Article 368 deals with this kind of amendment.
What is the procedure of amendment under Article 368?
Article 368 of Indian Constitution provides for two types of amendments:
- By a Special Majority of Parliament (50% of the total membership of the House + 2/3rd of the members present and voting),
- By a Special Majority of Parliament plus ratification of 1/2 of the states by a Simple Majority,
How to override a constitutional amendment?
There are two ways to repeal an amendment. One way is for the proposed amendment to be passed by the House and the Senate with two-thirds majority votes. Then, the proposed amendment would have to be ratified by three-fourths of the states. The second way to repeal an amendment is to have a Constitutional Convention.
Has any president ignored a Supreme Court ruling?
Yes, presidents have ignored or defied Supreme Court rulings, most famously Andrew Jackson with the Cherokee Nation (Trail of Tears) and Abraham Lincoln by suspending habeas corpus, but this is rare and often leads to constitutional crises, with recent instances involving defiance in deportation cases under the Trump administration. Other examples include governors defying rulings on segregation (Faubus, Barnett) and FDR's stance on military tribunals, highlighting ongoing tensions between executive power and judicial authority.
Can anyone overrule the President?
A veto can only be overridden by a two-thirds vote in both the Senate and the House. The bottom half of the reverse side of S. 518 shows the House of Representative's attempt to override the veto. This occurred May 23, 1973—the day after the Senate vote.
What is the President not allowed to do?
A PRESIDENT CANNOT . . .
declare war. decide how federal money will be spent. interpret laws. choose Cabinet members or Supreme Court Justices without Senate approval.
Which amendment makes a President unfit?
Ratified in 1967, the 25th Amendment requires the vice president and the principal officers of the executive departments to notify the President pro tempore of the Senate and the Speaker of the House through a written declaration that the President of the United States is unfit to serve.
Can a presidential executive order violate the Constitution?
No, an executive order cannot override the Constitution; it must operate within constitutional limits, and courts can invalidate orders that violate constitutional rights or exceed presidential authority, as executive orders are directives for the executive branch, not laws that create or change statutes, and Congress retains legislative power, with future presidents able to reverse them.
Who can overturn an order of the President?
Congress has the power to overturn an executive order by passing legislation that invalidates it, and can also refuse to provide funding necessary to carry out certain policy measures contained with the order or legitimize policy mechanisms.