Explain the procedure for passing a Constitutional Amendment Bill under Article 368. Assess how it differs from ordinary legislative procedures. Evaluate its significance in maintaining constitutional stability.

Topic: Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure

Q3. Explain the procedure for passing a Constitutional Amendment Bill under Article 368. Assess how it differs from ordinary legislative procedures. Evaluate its significance in maintaining constitutional stability. (15 M)

Difficulty Level: Easy

Reference: TH

Why the question
Understanding of the constitutional amendment process and its role in balancing flexibility with stability in India’s constitutional framework.

Key Demand of the question
It requires explaining the procedure under Article 368, analysing how it differs from ordinary legislative procedures, and evaluating its role in ensuring constitutional stability. The answer must address all three dimensions in an integrated manner.

Structure of the Answer

Introduction
Briefly indicate that Article 368 provides a graded amendment procedure ensuring both adaptability and protection of core constitutional values.

Body

  • Procedure under Article 368: Indicate stages such as introduction, special majority, state ratification and presidential assent.
  • Difference from ordinary legislation: Suggest contrast in majority requirement, federal involvement and absence of joint sitting.
  • Significance for constitutional stability: Indicate how safeguards like special majority and basic structure doctrine prevent arbitrary changes.

Conclusion
Provide a forward-looking line on maintaining balance between democratic change and constitutional continuity.