In this content we are going to discuss one of the important conversational topics of the Indian constitution which is nothing but Article 368. So, let’s get started.
Introduction
Contents
The Indian polity is run by the framework laid down by the constitution of India. India is a sovereign socialist democratic state according to the constitution. It assures to provide its citizens with righteousness, impartiality, and emancipation. In 1949 the constitution was passed by the constituent assembly, which was come into force in 1950.
Nature of constitution and meaning of article 368
The nature of the Indian constitution is neither federal nor unitary; it is a mixture of both. It is even not too rigid or too flexible. Article 368 is present in part XX of the Indian constitution. This article provides the parliament the supremacy to modify the constitution and its practices.
The parliament can either remove an article or add any prerequisite of the constitution can also be revoked because of the constituent power. The requisite configuration of the constitution is inflexible. The circumstances change rapidly with time, so it is necessary to have such laws that are stable but also changeable it shall not be rigid, for that rationale the stipulation to amend the provision in need of time.
The course of action to amendment
There are three stages involved in the course of action to amend the constitution.
- Stage 1: In both houses of the legislative body, the bill can be initiated.
- Stage 2: The bill’s acceptance shall be by a majority not less than 2/3rd of the members in attendance and voting of both the legislative body irrespective of position or absentees. On the discrepancy between the houses, there is no prerequisite of the joint session.
- Stage 3: The right to acquiesce is with the president of the nation. The bill is presented in front of the president for his consent to the bill after most members of both houses accept the account.
Ways to amend the constitution
There are three possible ways to amend the constitution under article 368; the ways of amendments by the parliament are as follow:
- By unsophisticated majority
- By exceptional majority
- By the ratification of half of the nation-state elected representatives
By unsophisticated majority
The unsophisticated majority of both congress houses has the right to make improvements to many provisions in the constitution. Provisions that can be amended are as follow:
- The new states can be either established or permitted by the uncomplicated majority.
- They have the right to structure new states; modify the areas, boundaries, or present name for active forms.
- The law-making association in-country can be both formed and eradicated by them.
- Quorum in congress. That means there shall be a specific number of parliament members to be present then the session will proceed. As of now, it shall be 1/10th.
- The simple majority can change the remuneration and stipend of the members of the legislative body.
- Any change in the emoluments or allowances of the president or judges is done by a simple majority known as the second schedule.
- They can also change the verbal communication of the parliament.
By exceptional majority
The preponderance of the charter’s stipulations needs to be modified by an exceptional majority which should be more than 50%. Provisions that the exceptional majority can alter may incorporate:
- Fundamental constitutional rights, for example, the right to privacy.
- They can add or remove anyone or add any small segment in state policy’s directive principles.
- The provisions that are not covered by the first and third majority come under this section.
Ratification of half of the nation-state elected representatives
The charter related to the central structure of polity can be adjusted by both exceptional majorities or by nation-state elected representatives. If some states take no action on the bill, it is not an issue if the state’s approval is given by half. In approval by the state, there is no time limitation on them. Following are the few ways to amend:
- Demonstration of states in congress
- Allocation of law-making authority between the amalgamations of the country.
- The supremacy of congress to alter the charter
Criticism on article 368
The absolute supremacy of the legislative body to alter the constitution is precarious. The charter is the backbone of the democratic system, may function to ascertain the totalitarianism of legislature.
To make certain the government’s supremacy is tangential, it may alter different provisions according to the need. In numerous alterations, the administration has tried to establish where supreme authority is in the legislative hands. The contemplation is forbidding but not far from legitimacy.
Conclusion
Though article 368 give the power to amend the constitution, which is in one way productive that if the state is going through any phase of complexity in which the provisions of the constitution is a hurdle, the law is flexible in that regard that parliament has the power to amend the constitution according to the need.
But with the pros of this article, there are cons as well though the modification of the charter is constructive, for its benefit, the parliament can misuse this authority.
