## CONSTITUTION 368

### CONSTITUTION 368 — Power of Parliament to amend the Constitution and procedure therefor
- https://unisonlegal.in/statutes/constitution/368

> 368. 1[Power of Parliament to amend the Constitution and
procedure therefor].- 2[(1) Notwithstanding anything in this Constitution,
Parliament may in exercise of its constituent power amend by way of addition,
variation or repeal any provision of this Constitution in accordance with the
procedure laid down in this article.]
3[(2)] An amendment of this Constitution may be initiated only by the
introduction of a Bill for the purpose in either House of Parliament, and when the
Bill is passed in each House by a majority of the total membership of that House
and by a majority of not less than two-thirds of the members of that House present
and voting, 4[it shall be presented to the President who shall give his assent to the
Bill and thereupon] the Constitution shall stand amended in accordance with the
terms of the Bill:
Provided that if such amendment seeks to make any change in-
(a) article 54, article 55, article 73, 5[ article 162, article 241 or
article 279A]; or
(b) Chapter IV of Part V, Chapter V of Part VI, or Chapter I of Part XI; or
(c) any of the Lists in the Seventh Schedule; or
(d) the representation of States in Parliament; or
(e) the provisions of this article,

1. Subs. by the Constitution (Twenty-fourth Amendment) Act, 1971, s. 3, for "Procedure
for amendment of the Constitution" (w.e.f. 5-11-1971).
2. Ins. by s. 3, ibid. (w.e.f. 5-11-1971).
3. Art. 368 re-numbered as cl. (2) thereof by s. 3, ibid. (w.e.f. 5-11-1971).
4. Subs. by s. 3, ibid., (w.e.f. 5-11-1971).
5. Subs. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 15, for the
words and figures "article 162 or article 241" (w.e.f. 16-9-2016).
228
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THE CONSTITUTION OF INDIA
(Part XX.-Amendment of the Constitution)

the amendment shall also require to be ratified by the Legislatures of not less
than one-half of the States 1*** by resolutions to that effect passed by those
Legislatures before the Bill making provision for such amendment is presented
to the President for assent.
2[(3) Nothing in article 13 shall apply to any amendment made under this
article.]
3[(4) No amendment of this Constitution (including the provisions of
Part III) made or purporting to have been made under this article [whether before
or after the commencement of section 55 of the Constitution (Forty-second
Amendment) Act, 1976] shall be called in question in any court on any ground.
(5) For the removal of doubts, it is hereby declared that there shall be no
limitation whatever on the constituent power of Parliament to amend by way of
addition, variation or repeal the provisions of this Constitution under this article.]

1. The words and letters "specified in Part A and Part B of the First Schedule" omitted by
the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
2. Ins. by the Constitution (Twenty-fourth Amendment) Act, 1971, s. 3 (w.e.f. 5-11-1971).
3. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 55 (w.e.f. 3-1-1977).
This section has been declared invalid by the Supreme Court in Minerva Mills Ltd.
and Others Vs. Union of India and Others AIR 1980 SC 1789.
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PART XXI

1[TEMPORARY, TRANSITIONAL AND
SPECIAL PROVISIONS]