Article 368 of CoI : Article 368: Power of Parliament to amend the Constitution and procedure therefor.
CoI
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Explanation using Example
Example 1:
Scenario: The Indian Parliament wants to introduce a new fundamental right related to digital privacy.
Process:
- Introduction of Bill: A Bill proposing the new fundamental right is introduced in the Lok Sabha (House of the People).
- Debate and Voting: The Bill is debated and voted upon. It receives the support of more than two-thirds of the members present and voting, and also a majority of the total membership of the Lok Sabha.
- Rajya Sabha Approval: The Bill is then sent to the Rajya Sabha (Council of States), where it also receives the required majority.
- Presidential Assent: The Bill is presented to the President of India, who gives his assent.
- Constitution Amended: The Constitution is amended to include the new fundamental right related to digital privacy.
Example 2:
Scenario: The Indian Parliament wants to change the method of electing the President of India, which involves Article 54.
Process:
- Introduction of Bill: A Bill proposing the change in the method of electing the President is introduced in the Lok Sabha.
- Debate and Voting: The Bill is debated and voted upon. It receives the support of more than two-thirds of the members present and voting, and also a majority of the total membership of the Lok Sabha.
- Rajya Sabha Approval: The Bill is then sent to the Rajya Sabha, where it also receives the required majority.
- State Ratification: Since the amendment affects Article 54, it must be ratified by the Legislatures of not less than one-half of the States. The Bill is sent to the State Legislatures, and more than half of them pass resolutions ratifying the amendment.
- Presidential Assent: The Bill is presented to the President of India, who gives his assent.
- Constitution Amended: The Constitution is amended to change the method of electing the President.
Example 3:
Scenario: The Indian Parliament wants to repeal an outdated provision in the Constitution that is no longer relevant.
Process:
- Introduction of Bill: A Bill proposing the repeal of the outdated provision is introduced in the Lok Sabha.
- Debate and Voting: The Bill is debated and voted upon. It receives the support of more than two-thirds of the members present and voting, and also a majority of the total membership of the Lok Sabha.
- Rajya Sabha Approval: The Bill is then sent to the Rajya Sabha, where it also receives the required majority.
- Presidential Assent: The Bill is presented to the President of India, who gives his assent.
- Constitution Amended: The outdated provision is repealed from the Constitution.
Example 4:
Scenario: The Indian Parliament wants to amend the Constitution to include a new provision for environmental protection.
Process:
- Introduction of Bill: A Bill proposing the new provision for environmental protection is introduced in the Lok Sabha.
- Debate and Voting: The Bill is debated and voted upon. It receives the support of more than two-thirds of the members present and voting, and also a majority of the total membership of the Lok Sabha.
- Rajya Sabha Approval: The Bill is then sent to the Rajya Sabha, where it also receives the required majority.
- Presidential Assent: The Bill is presented to the President of India, who gives his assent.
- Constitution Amended: The Constitution is amended to include the new provision for environmental protection.
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