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Q99 (CAPF/2016) Polity & Governance › Constitutional Basics & Evolution › Amendment procedure Answer Verified

The amending power of the Parliament is set forth in which one of the following Articles of the Constitution of India?

Result
Your answer: —  Â·  Correct: A
Explanation

The amending power of the Parliament is explicitly set forth in Article 368 of the Constitution of India, located in Part XX [4]. Article 368(1) specifies that Parliament may, in exercise of its constituent power, amend by way of addition, variation, or repeal any provision of the Constitution in accordance with the prescribed procedure [3]. While Article 368 grants broad powers, the Supreme Court has established that this does not empower Parliament to alter the 'basic structure' of the Constitution [2]. In contrast, Article 360 pertains to provisions for a Financial Emergency [1], Article 13(2) prohibits the State from making laws that abridge Fundamental Rights [3], and Article 370 formerly granted special autonomous status to Jammu and Kashmir before its effective revocation in 2019 [1]. Thus, Article 368 is the dedicated provision for constitutional amendments.

Sources

  1. [4] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 11: Amendment of the Constitution > By Special Majority of Parliament and Consent of States > p. 125
  2. [3] https://en.wikipedia.org/wiki/Revocation_of_the_special_status_of_Jammu_and_Kashmir
  3. [2] https://www.mha.gov.in/sites/default/files/370Eng_20092021.pdf
  4. [1] https://www.mea.gov.in/images/pdf1/part20.pdf
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