What are the provisions for amending the Indian Constitution???
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Aconstitutional amendmentis a formal change to the text of thewritten constitutionof a nation or state. In some jurisdictions the text of the constitution itself is altered; in others the text is not changed, but the amendments change its effect.The following is the full text of Part XX or Article 368 of the constitution, which governs constitutional amendments. The provisions initalicswere inserted by the Forty-second Amendment Act but have been declared invalid by the Supreme Court in theMinerva Millscase. The text is up-to-date as of July 2008
(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.
(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.
(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.
(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.
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