Question

Article 368 relates to
1. Emergency
2. Election of President
3. Amendment to the Constitution
4. Fundamental Rights

Answer 1

Correct Answer - Option 3 : Amendment to the Constitution

Article 368 relates to the power of Parliament for the constitution amendment.

• Article 368 in Part XX deals with the powers of Parliament to amend the Constitution and its procedure.
• Parliament cannot amend those provisions which form the 'basic structure of the Constitution'. (Kesavananda Bharti Case)
• The amendment of the Constitution can be initiated by the introduction of a bill in either house of the Parliament. (does not in the legislature)
• The bill can be introduced either by a minister or by a private member. (does not require prior permission of the President)
• It must be passed in each house by a special majority. (the majority of the total membership of the house and a majority of 2/3rd of the members of house present and voting)
• Each house must pass the bill separately. (no provision for joint sittings)
• If the bill is for amending the federal structure of the Constitution, then it must be ratified by the legislature of half of the states by a simple majority. (the majority of the members of house present and voting)
• President must give his assent to the bill. (neither withhold his assent nor return the bill)
• After the assent of the President, the bill becomes an Act.