As per Article 368 of the Constitution of India, the Parliament may amend any provision of the Constitution by way of:
- Addition
- Variation
- Repeal
Select the correct answer using the code given below:
Detailed Explanation:
Answer: Option 4 — 1, 2 and 3
Article 368 of the Indian Constitution provides Parliament with comprehensive powers to amend the Constitution through three distinct methods: addition (inserting new provisions), variation (modifying existing provisions), and repeal (removing provisions). This flexibility ensures the Constitution remains a living document capable of adapting to changing social, political, and economic needs while maintaining constitutional continuity.
✅ Statement 1 (Addition) – Correct: Parliament can add new provisions to the Constitution, such as the insertion of Article 15(5) through the 93rd Amendment Act, 2005, allowing reservations in educational institutions.
✅ Statement 2 (Variation) – Correct: Parliament can modify existing constitutional provisions, as demonstrated by the 42nd Amendment Act, 1976, which altered the Preamble and various other articles.
✅ Statement 3 (Repeal) – Correct: Parliament can remove constitutional provisions entirely, exemplified by the 26th Amendment Act, 1971, which abolished privy purses for former rulers of princely states.
📝 Short Notes: Constitutional Amendment Powers under Article 368
- Article 368: Provides the procedure and power to Parliament to amend any provision of the Constitution, making it neither too rigid nor too flexible.
- Three Methods of Amendment: Addition (inserting new articles/clauses), Variation (modifying existing provisions), and Repeal (removing provisions completely).
- Amending Process: Requires a special majority (majority of total membership + 2/3rd of members present and voting) in both Houses of Parliament; some amendments also require ratification by at least half of the state legislatures.
- Basic Structure Doctrine: Established in Kesavananda Bharati case (1973), limiting Parliament's amending power—certain fundamental features cannot be altered or destroyed.
- Types of Amendments: Simple majority amendments (e.g., creation/abolition of states), special majority amendments (most provisions), and special majority plus state ratification (federal provisions, representation, etc.).
- Notable Amendments: 42nd Amendment (Mini-Constitution), 44th Amendment (restored some rights curtailed during Emergency), 73rd & 74th Amendments (local self-governance), 101st Amendment (GST).
| Amendment Type | Majority Required | State Ratification | Examples |
|---|---|---|---|
| Simple Majority | Majority of members present and voting | Not Required | Creation of new states, citizenship provisions |
| Special Majority | Majority of total membership + 2/3rd present and voting | Not Required | Fundamental Rights, Directive Principles |
| Special Majority + State Ratification | Special Majority in Parliament | At least half of states must ratify | Election of President, Union-State distribution of powers, representation in Parliament |
Question 2 of 4 Amendment Procedure
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