UPSC Prelims 2024 Q66: Article 368 and Amending the Constitution
As per Article 368 of the Constitution of India, the Parliament may amend any provision of the Constitution by way of:
1. Addition
2. Variation
3. Repeal
Select the correct answer using the code given below:
- 1 and 2 only
- 2 and 3 only
- 1 and 3 only
- 1, 2 and 3
Answer: (d) 1, 2 and 3
Statement-wise explanation
- 1: correct — Article 368(1) says Parliament may, in exercise of its constituent power, "amend by way of addition, variation or repeal any provision of this Constitution". Addition means putting in new text. Article 21A (right to education) was added this way by the 86th Amendment Act, 2002.
- 2: correct — Variation is the second of the three modes named in Article 368(1). It means changing the words of a provision that already exists, for example by substituting one phrase for another. Most amendment Acts work mainly by varying existing text.
- 3: correct — Repeal is the third mode named in Article 368(1), and the same three words appear again in Article 368(5). Repeal removes a provision entirely. The 44th Amendment Act, 1978 repealed Article 31, which had made property a fundamental right.
How to eliminate
This question mostly tests whether you remember the wording of Article 368(1). The three words are "addition, variation or repeal". You can still get there by reasoning. Any power to amend a constitution has to cover adding new provisions, changing existing ones and deleting old ones. Without the power to add, Article 21A could not have been inserted. Without the power to repeal, Article 31 could not have been removed. So no option that leaves out one of the three makes sense. Two pairings would also be odd: being able to repeal but not vary, or to vary but not add. When a question quotes the Constitution and every statement sounds like a natural part of the same power, check whether the list is simply the text quoted back to you. Remember the phrase "addition, variation or repeal". It appears in Article 368(1) and 368(5), and in Para 7 of the Fifth Schedule and Para 21 of the Sixth Schedule.
Know more
Article 368 (Part XX) gives Parliament its constituent power: the power to amend by addition, variation or repeal. The words "constituent power" and the explicit "addition, variation or repeal" wording were put into clause (1) by the 24th Amendment Act, 1971, which responded to Golak Nath (1967). The same Act made it compulsory for the President to give assent to an amendment Bill. It also added clause (3), which says Article 13 does not apply to amendments.
Three ways the Constitution is changed
| Route | Majority needed | Examples |
|---|---|---|
| Simple majority (outside Art. 368) | Ordinary majority | New States under Arts. 2–4; creating or abolishing Legislative Councils (Art. 169); Fifth and Sixth Schedules |
| Special majority (Art. 368(2)) | Majority of total membership and two-thirds of members present and voting, in each House | Most provisions, including Fundamental Rights |
| Special majority + ratification | As above, plus legislatures of at least half the States | Election of the President (Arts. 54, 55), Union–State executive powers, Supreme Court and High Courts, Seventh Schedule lists, representation of States in Parliament, Art. 279A (GST Council), Art. 368 itself |
Points to remember
- An amendment Bill can be introduced only in Parliament, in either House. State legislatures cannot start one.
- There is no joint sitting for amendment Bills. If the two Houses disagree, the Bill fails.
- Simple-majority changes under Arts. 4 and 169 are "not deemed to be an amendment" for the purposes of Article 368.
- Limits: Kesavananda Bharati (1973) held that Parliament may amend any provision but cannot destroy the basic structure. Clauses (4) and (5), added by the 42nd Amendment (1976) to rule out judicial review of amendments, were struck down in Minerva Mills (1980).
NCERT Concepts to Revise
- Amendment of the Constitution: Defines what a formal amendment of the Constitution's text is, which is exactly what the question asks about.
- Amendment by special majority and state ratification: Shows the strictest procedure under Article 368(2), so you can tell the modes of amendment apart from the procedures for passing one.
- Laws inconsistent with fundamental rights: Article 13 was at the centre of the fight over whether amendments are 'law'. Article 368(3) now keeps it out.
- Shankari Prasad case: Shankari Prasad (1951) first upheld Parliament's power under Article 368 to amend Fundamental Rights.
- Minerva Mills case: Minerva Mills struck down Article 368(4) and (5), which had tried to make Parliament's amending power unlimited.
- Elements of the basic structure: The basic structure is the judge-made limit on how far Parliament's amending power can go.