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There are three types of amendments to the Constitution of India of which the second and third types of amendments are governed by Article 368. The first type of amendment includes that can be passed by a "simple majority" in each house of the Parliament of India.
The amendments under this category are specifically excluded from the purview of article 368 which is the specific provision in the Constitution dealing with the power and the procedure for the amendment of the Constitution. Article 4 provides that laws made by Parliament under article 2 (relating to admission or establishment of new States ...
The Supreme Court, by thin majority of 6:5, held that a constitutional amendment under Article 368 of the Constitution was an ordinary 'law' within the meaning of Article 13(3) of the Constitution. The majority did not believe there was any difference between ordinary legislative power of the parliament and the inherent constituent power of ...
The word 'amendment' occurring in Article 368 must therefore be construed in such a manner as to preserve the power of the Parliament to amend the Constitution, but not so as to result in damaging or destroying the structure and identity of the Constitution. There was thus an implied limitation on the amending power which prevented the ...
[1] [3] When the constitutionality of the amendment was challenged, a five-judge bench of the Supreme Court held that Article 368 grants the Parliament the power to amend the Constitution, including the Fundamental Rights and Article 368 in Shankari Prasad Singh Deo v. Union of India (1951) and Sajjan Singh v. State of Rajasthan (1965).
This was done by amending articles 13 and 368 to exclude amendments made under article 368, from article 13's prohibition of any law abridging or taking away any of the Fundamental Rights. [12] Chief Justice Koka Subba Rao writing for the majority held that: A law to amend the constitution is a law for the purposes of Article 13.
Despite the supermajority requirement for amendments to pass, the Indian constitution is the world's most frequently-amended national governing document. [62] The constitution is so specific in spelling out government powers that many amendments address issues dealt with by statute in other democracies.
The Twenty-fourth Amendment of the Constitution of India, officially known as The Constitution (Twenty-fourth Amendment) Act, 1971, enables Parliament to dilute Fundamental Rights through Amendments of the Constitution. It also amended article 368 to provide expressly that Parliament has power to amend any provision of the Constitution.