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 resolution 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 (Forty-second 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.[Editorial comment-The Constitution (Twenty-Four Amendment) Act, 1971, the judgment reversed the Supreme Court's earlier decision which had upheld Parliament's power to amend all parts of the Constitution, including Part III related to Fundamental Rights. It amended Article 368 to provide expressly that Parliament has power to amend any provision of the Constitution. The amendment further made it obligatory for the President to give his assent, when a Constitution Amendment Bill was presented to him. The government has argued that the 24th Amendment will help to implement the Directive Principles of State Policy. However, a large section of constitutional experts would believe that the undisputed authority of Parliament is a threat to the democratic process in the country. In the Indian Constitution, the balance of legislative power is vital, and the power of amendment conferred to parliament to alter such regulations is often considered an important one. Important Verdict-Kesavananda Bharati v. State of KeralaI.C. Golaknath and Ors. vs State of Punjab and Anrs.. However, the Supreme Court has ruled that the 24th Amendment Act is Constitutional. The ruling has several important implications. While it confirms that the 24th Amendment Act is valid, it establishes some significant constituent features like Judicial review and basic features of the Constitution. Also refer]
