With reference to Article 368 of the Indian Constitution, consider the following statements: 1. It encompasses all types of amendments, including the alteration of state boundaries. 2. It provides for two distinct methods of amending the Constitution. 3. It allows the Parliament to amend the Constitution without the involvement of any outside agency. Which of the statements given above is/are correct?

The correct option is 2 only. Explanation Article 368 in Part XX of the Indian Constitution deals with the powers of the Parliament to amend the Constitution and the procedure therefor. It establishes specific mechanisms for amendment, distinguishing between those requiring a special majority and those requiring ratification by states. Statement-wise Analysis - Statement 1 is Incorrect. Article 368 does not encompass all types of amendments. The alteration of state boundaries, formation of new states, or changing the names of states is governed by Article 3. Article 4 explicitly declares that laws made under Article 2 and Article 3 are not to be deemed amendments to the Constitution for the purposes of Article 368. These are passed by a simple majority in the ordinary legislative process. - Statement 2 is Correct. Article 368 provides for two distinct methods of amendment: 1. By a Special Majority of the Parliament (majority of the total membership of each House and a majority of not less than two-thirds of the members of that House present and voting). 2. By a Special Majority of the Parliament plus ratification by at least half of the State Legislatures (for provisions affecting the federal structure). Amendments by a simple majority fall outside the scope of Article 368. - Statement 3 is Incorrect. While the Parliament has the exclusive power to initiate a Constitutional amendment bill, it cannot always amend the Constitution unilaterally. For amendments that affect the federal provisions of the Constitution (e.g., election of the President, distribution of legislative powers), the bill must be ratified by the legislatures of at least half of the states. In these cases, State Legislatures act as an agency outside the Parliament involved in the amendment process. Key Takeaway: Article 368 governs only those amendments requiring a Special Majority or Special Majority with State Ratification. Amendments passed by a Simple Majority (like the reorganization of states) are explicitly excluded from the purview of Article 368.

With reference to Article 368 of… - NCERT Class 11 Political Science MCQ

NCERT Class 11 Political Science — Chapter 9: Constitution as a Living document

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With reference to Article 368 of the Indian Constitution, consider the following statements:

It encompasses all types of amendments, including the alteration of state boundaries.
It provides for two distinct methods of amending the Constitution.
It allows the Parliament to amend the Constitution without the involvement of any outside agency.

Which of the statements given above is/are correct?

NCERT textbook question

From NCERT Political Science: Indian Constitution at Work · Page 201

Options

A1 and 2 only
B1 and 3 only
C2 only
D1, 2 and 3

Did you get this right?

Solution

The correct option is 2 only.

Explanation

Article 368 in Part XX of the Indian Constitution deals with the powers of the Parliament to amend the Constitution and the procedure therefor. It establishes specific mechanisms for amendment, distinguishing between those requiring a special majority and those requiring ratification by states.

Statement-wise Analysis

Statement 1 is Incorrect.
Article 368 does not encompass all types of amendments. The alteration of state boundaries, formation of new states, or changing the names of states is governed by Article 3. Article 4 explicitly declares that laws made under Article 2 and Article 3 are not to be deemed amendments to the Constitution for the purposes of Article 368. These are passed by a simple majority in the ordinary legislative process.
Statement 2 is Correct.
Article 368 provides for two distinct methods of amendment:
1. By a Special Majority of the Parliament (majority of the total membership of each House and a majority of not less than two-thirds of the members of that House present and voting).
2. By a Special Majority of the Parliament plus ratification by at least half of the State Legislatures (for provisions affecting the federal structure).
Amendments by a simple majority fall outside the scope of Article 368.
Statement 3 is Incorrect.
While the Parliament has the exclusive power to initiate a Constitutional amendment bill, it cannot always amend the Constitution unilaterally. For amendments that affect the federal provisions of the Constitution (e.g., election of the President, distribution of legislative powers), the bill must be ratified by the legislatures of at least half of the states. In these cases, State Legislatures act as an agency outside the Parliament involved in the amendment process.

Key Takeaway: Article 368 governs only those amendments requiring a Special Majority or Special Majority with State Ratification. Amendments passed by a Simple Majority (like the reorganization of states) are explicitly excluded from the purview of Article 368.

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