Understanding How Parliament Amends the Constitution

The Constitution of India is a living document, and provisions are included within it to allow for changes or amendments over time. This power to amend the Constitution is vested primarily in the Parliament of India.

The question asks specifically which Article of the Constitution grants this power to the Parliament. Let's examine the options provided:

• Article 374
• Article 368
• Article 269
• Article 74

We need to identify the correct Article that deals with the amendment of the Constitution by the Parliament.

Article 368: The Power of Parliament to Amend the Constitution

Article 368 of the Constitution of India is the core article that deals with the power of Parliament to amend the Constitution and the procedure for doing so. It is located in Part XX of the Constitution.

Article 368 outlines the following:

• It grants constituent power to the Parliament, enabling it to amend the Constitution by way of addition, variation, or repeal of any provision.
• It prescribes the procedure for such amendments, which typically involves a bill passed by each House of Parliament by a special majority (a majority of the total membership of that House and a majority of not less than two-thirds of the members of that House present and voting).
• For certain provisions related to the federal structure of the Constitution, the amendment also requires ratification by the legislatures of not less than one-half of the States by a simple majority.

Therefore, Article 368 is the definitive article regarding the Parliament's power to amend the Constitution.

Analysis of Other Articles

Let's briefly look at the other articles mentioned in the options to understand why they are not related to the amendment of the Constitution:

• Article 374: This article deals with provisions as to Judges of the Federal Court and proceedings pending before the Federal Court or His Majesty in Council. It is a transitional provision and not related to constitutional amendment.
• Article 269: This article deals with Taxes levied and collected by the Union but assigned to the States, primarily concerning taxes on the sale or purchase of goods in the course of inter-State trade or commerce. It relates to Union-State financial relations, not constitutional amendment.
• Article 74: This article states that there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President. It defines the relationship between the President and the Council of Ministers and is not related to constitutional amendment.

Based on this analysis, only Article 368 empowers the Parliament to amend the Constitution.

Conclusion on Constitutional Amendment Article

The power and procedure for amending the Constitution of India are clearly laid down in Article 368. This article is fundamental to the flexibility and adaptability of the Indian Constitution.

Thus, the correct answer is Article 368.

Revision Table: Constitutional Articles Overview

Additional Information on Constitutional Amendment

The procedure laid down in Article 368 ensures that the Constitution cannot be amended easily, thereby protecting its basic structure while allowing for necessary changes. The Supreme Court of India, in various landmark judgments (like the Kesavananda Bharati case), has held that the Parliament's amending power under Article 368 is not absolute and cannot be used to alter the 'basic structure' of the Constitution.

Amendments can broadly be classified into three types, although Article 368 primarily deals with two of them:

• Amendment by simple majority of Parliament (not explicitly under Article 368, but treated as ordinary legislation).
• Amendment by special majority of Parliament (under Article 368).
• Amendment by special majority of Parliament and ratification by half of the state legislatures (under Article 368).

Understanding Article 368 is crucial for comprehending the dynamic nature of the Indian Constitution.