48 lines
2.4 KiB
Plaintext
48 lines
2.4 KiB
Plaintext
PART XX
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AMENDMENT OF THE CONSTITUTION
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368. Power of Parliament to amend the Constitution and procedure
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therefor.— (1) Notwithstanding anything in this Constitution, Parliament may
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in exercise of its constituent power amend by way of addition, variation or
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repeal any provision of this Constitution in accordance with the procedure laid
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down in this article.
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(2) An amendment of this Constitution may be initiated only by the
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introduction of a Bill for the purpose in either House of Parliament, and when
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the Bill is passed in each House by a majority of the total membership of that
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House and by a majority of not less than two-thirds of the members of that
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House present and voting, it shall be presented to the President who shall give
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his assent to the Bill and thereupon the Constitution shall stand amended in
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accordance with the terms of the Bill:
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Provided that if such amendment seeks to make any change in—
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(a) article 54, article 55, article 73, article 162 or article 241, or
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(b) Chapter IV of Part V, Chapter V of Part VI, or Chapter I of Part XI, or
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(c) any of the Lists in the Seventh Schedule, or
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(d) the representation of States in Parliament, or
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(e) the provisions of this article,
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the amendment shall also require to be ratified by the Legislatures of not less
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than one-half of the States by resolutions to that effect passed by those
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Legislatures before the Bill making provision for such amendment is presented
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to the President for assent.
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(3) Nothing in article 13 shall apply to any amendment made under this article.
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[(4) No amendment of this Constitution (including the provisions of Part
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III) made or purporting to have been made under this article whether before or
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after the commencement of section 55 of the Constitution (Forty-second
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Amendment) Act, 1976] shall be called in question in any court on any ground.
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(5) For the removal of doubts, it is hereby declared that there shall be no
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limitation whatever on the constituent power of Parliament to amend by way of
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addition, variation or repeal the provisions of this Constitution under this art
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icle.]
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______________________________________________
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Cls. (4) and (5) were ins. “in article 368 by s. 55 of the Constitution (Forty
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-second
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Amendment) Act, 1976. This section has been declared invalid by the Supreme Cour
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t
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in Minerva Mills Ltd. and Others Vs. Union of India and Others (1980 ) 2 S.C.C.
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591.
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198
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