-Part XX
-Article 368
-Source- South Africa
-Amendment Bill- proposal for the amendment of the Constitution.
-It may be- private (non government)- bill introduced by any MP other than minister- one month notice is necessary.
-Government Bill- introduced by any minister- 7 days notice.
-Permission of President- not required.
-Only parliament is entitled to amend the constitution.
-State legislature or Judiciary cannot amend constitution.
-Article 368(1)- Parliament can amend the constitution bye way of- a) - addition b) - Replacing c) - Repeal
-Article 368(2)- Amendment bill can be introduced in either house house of parliament.
-Amendment bill should be passed either with special majority or with special majority and ratification (for amendment in federal provision) of 1/2 or more states.
-Article 368(3)- Inserted by- 24th Amendment Act.
-Article 13 shall not apply against any constitutional amendment made under article 368.
-Article 368(4)- no judicial review about constitutional amendment.
-Article 368(5)- Parliament has absolute (unrestricted) power to amend.
Note- Clause(4) and (5) were inserted by 42nd amendment act.
-clause (4) and (5) declared unconstitutional in case of Minerva Mills Vs. Union Of India, 1980. Ground- Keshvananda Bharti's case.
-If required but not ratified- The End.
-If ratified then- President's Assent.
Note- President is bound to give assent. ( 24 Amendment Act)
- no veto power. (24 A.A)
-Conditional Amendment bill will be changed in constitutional Amendment - Binding.
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