Social Sciences, asked by ArohiMathur, 1 year ago

6th part! as soon as possible its very urgent..... pls don't spam....

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Answered by scarlettsteve0paj47h
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Part XX of Article 368 empowers the Parliament to amend Constitution by way of addition, variation or repeal of any provision according to the procedure laid down therein, which is different from the procedure for ordinary legislation.

Article 368 has been amended by the 24th and 42nd Amendments in 1971 and 1976 respectively. The following is the full text of Article 368 of the Constitution, which governs constitutional amendments. New clauses 368 (1) and 368 (3) were added by the 24th Amendment in 1971, which also added a new clause (4) in article 13 which reads, "Nothing in this article shall apply to any amendment of this Constitution made under article 368."

The provisions in italics were inserted by the 42nd Amendment, but were later declared unconstitutional by the Supreme Court in Minerva Mills v. Union of India in 1980. After the 24th amendment, Article 4(2), etc. of the constitution are superseded/made void by article 368 (1) which is the only procedure for amending the constitution however marginal may be the nature of the amendment.

Supreme court ruled that the constituent power under article 368 must be exercised by the Parliament in the prescribed manner and can not be exercised under the legislative powers of the Parliament.

368. Power of Parliament to amend the Constitution and Procedure therefor:(1) Notwithstanding anything in this Constitution, Parliament may in exercise of its constituent power amend by way of addition, variation or repeal any provision of this Constitution in accordance with the procedure laid down in this article.(2) An amendment of this Constitution may be initiated only by the introduction of a Bill for the purpose in either House of Parliament, and when the Bill is passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting, it shall be presented to the President who shall give his assent to the Bill and thereupon the Constitution shall stand amended in accordance with the terms of the Bill:Provided that if such amendment seeks to make any change in –(a) article 54, article 55, article 73, article 162 or article 241, or(b) Chapter IV of Part V, Chapter V of Part VI, or Chapter I of Part XI, or(c) any of the Lists in the Seventh Schedule, or(d) the representation of States in Parliament, or(e) the provisions of this article,the amendment shall also require to be ratified by the Legislatures of not less than one-half of the States by resolutions to that effect passed by those Legislatures before the Bill making provision for such amendment is presented to the President for assent.(3) Nothing in article 13 shall apply to any amendment made under this article.(4) No amendment of this Constitution (including the provisions of Part III) made or purporting to have been made under this article whether before or after the commencement of section 55 of the Constitution (Fortysecond Amendment) Act, 1976 shall be called in question in any court on any ground.(Not valid now)(5) For the removal of doubts, it is hereby declared that there shall be no limitation whatever on the constituent power of Parliament to amend by way of addition, variation or repeal the provisions of this Constitution under this article.(Not valiud now)

For amending a Constitution, sometimes a simple majority is needed(as in Creation of a new State), a special majority of the 2/3rd of the members “present and voting”, or a third case where special majority+ratification by half of the state legislatures(Vidhan Sabha+Vidhan Parishad(if applicable)) is required.

The Bill, passed by the required majority, is then presented to the President who shall give his assent to the Bill. If the amendment seeks to make any change in any of the provisions mentioned in the proviso to article 368, it must be ratified by the Legislatures of not less than one-half of the States. These provisions relate to certain matters concerning the federal structure or of common interest to both the Union and the States viz.,

the election of the President (articles 54 and 55);the extent of the executive power of the Union and the States (articles 73 and 162);the High Courts for Union territories (article 241);The Union Judiciary and the High Courts in the States (Chapter IV of Part V and Chapter V of Part VI);the distribution of legislative powers between the Union and the States (Chapter I of Part XI and Seventh Schedule);the representation of States in Parliament; and the provision for amendment of the Constitution laid down in article 368.

Ratification is done by a resolution passed by the State Legislatures. There is no specific time limit for the ratification of an amending Bill by the State Legislatures. However, the resolutions ratifying the proposed amendment must be passed before the amending Bill is presented to the President for his assent.

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