What is the primary feature of Article 368 of the Indian Constitution?
Asked by: Cecile Macejkovic | Last update: July 16, 2026Score: 4.1/5 (26 votes)
Article 368 of the Indian Constitution grants Parliament the constituent power to amend the Constitution and dictates the procedures to do so, allowing it to modify, vary, or repeal provisions through specific, stringent processes. It provides for two primary amendment types: a special majority in Parliament, or a special majority paired with ratification by at least half of the state legislatures.
What is Article 368 of the Indian Constitution?
Article 368 of the Indian Constitution, found in Part XX, empowers Parliament to amend the Constitution and dictates the procedures for doing so. It ensures the Constitution can adapt over time while strictly preserving its core principles through either a special majority or state ratification.
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 special majority of Article 368?
Special Majority according to Article 368
This refers to a majority of 2/3rd members present and voting supported by over 50% of the total strength of the House. This is chiefly used for most of the Constitution Amendment Bills.
What is the basic structure of Article 368?
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.
Why is Article 368 in News? | Constitution Amendment | By Ankit Singh | StudyIQ IAS English
What is the following statement related to Article 368 of the Constitution?
The procedure for the amendment of the Indian Constitution is laid down in Article 368 of the Constitution. The Constitutional Amendment bill can be introduced either by a minister or by a private member and does not require prior permission of the President.
Can Article 368 amend all parts?
368 carried the power to amend all parts of the constitution including the fundamental rights in part III of the constitution.
Can the preamble be amended under Article 368 of the Constitution of India?
The apex court has repeatedly settled the law and held the Preamble to be an integral part of the Indian Constitution, which is amendable under Article 368 of the Constitution, subject to the restriction that such an amendment should not violate the basic features of the Constitution.
What defines a simple majority?
A simple majority is a voting requirement where a proposition passes or a candidate wins by securing more than half of the votes cast by those present. It is the most common form of decision-making, often referred to as "50% plus one" or simply the highest number of votes when more than two options exist.
How many votes were required to amend the article?
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).
How to amend Article 368 itself?
Article 368 (2)(e): If the amendment seeks to change Article 368 itself, ratification by at least half of the State Legislatures is mandatory.
What is 368 A 1 F of the Internal Revenue Code?
§368(a)(1)(F), which defines the F Reorganization as a "mere change in identity, form, or place of organization of one corporation, however effected." The resulting corporation is considered the same as the original corporation, generally carries the same tax attributes as the original corporation, and may carry back a ...
How many amendments are there in the Indian Constitution?
As of May 2026, there have been 106 amendments to the Constitution of India. The most recent, the 106th Amendment Act (2023), also known as the Nari Shakti Vandan Adhiniyam, mandates 33% reservation for women in the Lok Sabha and State Legislative Assemblies.
What are the requirements for a 368 article?
A: There are four conditions: continuity of ownership interest, continuity of business enterprise, a valid business purpose beyond tax avoidance, and passing the step transaction doctrine. All four must be met to qualify under Section 368 of the IRS Code.
Which amendment is most important?
While the First Amendment is widely considered the most important for protecting core liberties like speech and religion, the 14th Amendment is often cited by scholars as the most crucial for ensuring equality and extending constitutional rights to all citizens.
Is 368 allows for the amendment of the Constitution by way of addition variation and striking down?
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.]
What are examples of simple majority decisions?
A vote can take place without all members in attendance; if so, the number of votes will be fewer than 51% of the total number of members. For example, one day there may be 40 positive votes for a bill out of the 70 present Senators; this is a simple majority although there are 30 Senators absent.
What is a filibuster?
A filibuster is a political tactic used in the United States Senate to block or delay a vote on a piece of legislation or confirmation. Because the Senate traditionally allows unlimited debate, a senator (or group of senators) can stall proceedings by extending discussions unless a supermajority votes to end them.
What is the majority rule in simple terms?
In social choice theory, the majority rule (MR) is a social choice rule which says that, when comparing two options (such as bills or candidates), the option preferred by more than half of the voters (a majority) should win.
How many amendments are mentioned in Article 368?
Article 368 of the Indian Constitution mentions two types of amendments to the Indian Constitution.
Can an amendment be repealed?
Yes, a U.S. Constitutional amendment can be repealed, but only by the ratification of another amendment, a process mandated by Article V. While thousands of changes have been proposed, only one amendment—the 18th Amendment (Prohibition)—has ever been repealed, which was done by the 21st Amendment in 1933.
How many times has the Indian Preamble been amended?
The Preamble has been amended only once so far, in 1976, by the 42nd Constitutional Amendment Act, 1976.
Which type of majority is required to amend Article 368?
Special Majority Type-3: A majority of two-thirds members present and voting supported by more than 50% of the state legislatures by a simple majority. Special majority under Article 368 passed by the Parliament and ratification by 50% of the states by a Simple majority.
Can a president edit the Constitution?
No, the President of the United States cannot unilaterally change, amend, or repeal any part of the Constitution. Constitutional changes require a rigorous process involving Congress and the states, as outlined in Article V, with no formal role for the president.
What is the procedure for amendment under Article 368?
The Bill, passed by the required majority, is then presented to the President who shall give his assent to the Bill. If the amendment seeks to make any change in any of the provisions mentioned in the proviso to article 368, it must be ratified by the Legislatures of not less than one-half of the States.