Amendment Of Constitution (Art.368) Flashcards
(25 cards)
What is a constitutional amendment?
A formal change to the Constitution’s text to adapt to evolving needs.
Why is the Constitution amended?
To address social, political, economic changes; fix defects; reflect SC rulings or public demand.
Which Article deals with Constitutional Amendment?
Article 368.
How many types of amendments are there under Article 368?
Three.
What are the types of constitutional amendments?
- By Simple Majority
- By Special Majority
- By Special Majority + State Ratification
Are simple majority amendments under Article 368?
No, they are outside Article 368.
Examples of amendments by simple majority?
Creation of states, alteration of state boundaries/names, salaries of officials.
What majority is required for a simple majority amendment?
Majority of members present and voting in both Houses.
What is a special majority?
2/3rd of members present and voting + majority of total membership in both Houses.
Do special majority amendments need state ratification?
No.
Examples of amendments by special majority?
DPSPs, Fundamental Rights (not federal), Parliament powers, election laws.
When is state ratification required?
When amendment affects federal structure.
How many states must ratify an amendment affecting federalism?
At least half of state legislatures.
Examples of provisions requiring state ratification?
Election of President, SC/HC powers, state representation in Parliament, Article 368.
First step of constitutional amendment process?
Bill introduced in either House of Parliament.
Final step of amendment process?
President’s assent (mandatory).
Can the President refuse to sign a Constitutional Amendment Bill?
No, assent is compulsory.
What did the Shankari Prasad case (1951) rule?
Parliament can amend Fundamental Rights under Article 368.
What did the Golaknath case (1967) rule?
Parliament cannot amend Fundamental Rights.
What did Kesavananda Bharati case (1973) establish?
Basic Structure Doctrine.
What did Minerva Mills case (1980) reinforce?
Parliament’s powers are limited; cannot destroy Basic Structure.
What is the Basic Structure Doctrine?
Essential features of Constitution cannot be amended.
Name some elements of the Basic Structure.
Supremacy of Constitution, rule of law, judicial review, secularism, federalism, FRs, independence of judiciary.
Can Fundamental Rights be amended?
Yes, but not in a way that violates the Basic Structure.
