As per Article 368 of the Constitution of India, the Parliament may amend any provision of the Constitution by way of: 1. Addition 2. Variation 3. Repeal Select the correct answer using the code given below:
1, 2 and 3
Understanding Constitutional Amendment in India
Article 368 of the Constitution of India deals with the power of Parliament to amend the Constitution and the procedure for doing so. It grants the Parliament the authority to change various provisions of the Constitution.
Parliament's Power to Amend under Article 368
Article 368 essentially empowers the Parliament to amend the Constitution. This power is vast but not unlimited, as established by the Supreme Court in various judgments, particularly the Keshvananda Bharati case (1973), which introduced the doctrine of Basic Structure. The Constitution can be amended in different ways, primarily outlined within Article 368 itself and other provisions requiring simple majority.
The question specifically asks about the methods of amendment mentioned in Article 368. Let's look at the terms provided:
- Addition: This refers to adding new articles, parts, or schedules to the Constitution. For example, adding a new fundamental right or a new directive principle.
- Variation: This involves changing or modifying existing provisions of the Constitution. This could mean altering the language, scope, or effect of an article. For instance, changing the age of retirement for judges or modifying the powers of an institution.
- Repeal: This means removing or deleting existing provisions from the Constitution. While complete repeal of the entire Constitution is not possible under Article 368, specific articles, parts, or schedules can be repealed.
The power to amend the Constitution under Article 368 explicitly includes the power to make additions, variations, and repeals to the provisions of the Constitution. The language of Article 368 itself supports this interpretation, outlining the procedure for initiating and passing amendments which can take these forms.
Analysis of the Options
The question asks which of the listed methods are ways Parliament may amend the Constitution as per Article 368. Based on the understanding of constitutional amendment and the scope of Article 368:
- Addition is a valid method of amendment. New provisions can be added to the Constitution.
- Variation is a valid method of amendment. Existing provisions can be changed or modified.
- Repeal is a valid method of amendment. Existing provisions can be removed.
All three methods - Addition, Variation, and Repeal - are encompassed within the Parliament's power to amend the Constitution under Article 368.
Conclusion on Amendment Methods
Therefore, as per Article 368, the Parliament can amend the Constitution by way of Addition, Variation, and Repeal of its provisions.
| Method | Description | Covered by Article 368? |
|---|---|---|
| Addition | Adding new provisions | Yes |
| Variation | Changing existing provisions | Yes |
| Repeal | Removing existing provisions | Yes |
Revision Table: Key Aspects of Article 368
| Aspect | Details |
|---|---|
| Purpose | Empowers Parliament to amend the Constitution. |
| Methods | Addition, Variation, and Repeal of provisions. |
| Procedure (Major) | Requires introduction of a Bill in either House of Parliament, special majority (2/3rd of members present and voting, and majority of total strength) in each House, and assent of the President. |
| Procedure (Federal) | For certain provisions, requires special majority plus ratification by legislatures of not less than half of the states by a simple majority. |
| Limitation | Cannot amend the 'Basic Structure' of the Constitution (as ruled by the Supreme Court). |
Additional Information: The Basic Structure Doctrine
While Article 368 gives Parliament the power to amend the Constitution, this power is not absolute. The Supreme Court, in the landmark Keshvananda Bharati case (1973), pronounced that Parliament cannot alter the 'Basic Structure' of the Constitution. This doctrine implies that certain fundamental features of the Constitution, such as parliamentary democracy, federalism, judicial review, secularism, etc., are beyond the amending power of the Parliament. Any amendment that seeks to change these core features can be declared unconstitutional by the judiciary.
This doctrine acts as a limitation on the amending power granted by Article 368, ensuring the continuity and fundamental values of the Indian Constitution are preserved.
Important Questions from Constitutional Amendments
For which of the following states was the Constitution (Scheduled Castes and Scheduled Tribes) Orders (Second Amendment) Bill, 2022, introduced in the Parliament?
The Constitution (Seventy-third Amendment) Act provides for:
Which of the following Constitutional Amendment Acts introduced GST (Goods and Services Tax) in course of inter-state trade or commerce?
The Constitution (Seventy-third Amendment) Act provides for:
- Match List-I with List-II and select the answer using the code given below the Lists :
List-I
(Special provision in the
Constitution of India)List-II
(State)A. Article 371 1. Nagaland B. Article 371-A 2. Gujarat C. Article 371-B 3. Assam D. Article 371-I 4. Goa
Code:
