ARTICLE 368, 369 OF CONSTITUTION OF INDIA 1949

What is the Power of Parliament to amend the Constitution and procedure therefor? What is Temporary power to Parliament to make laws matters in the State Concurrent List? Article 368 and 369 of Constitution of India, 1949

Power of Parliament to amend the Constitution and procedure therefor and Temporary power to Parliament to make laws matters in the State Concurrent List are defined under Article 368 and 369 of Constitution of India 1949. Provisions under these Articles are:

 

 

Article 368 of Constitution of India "Power of Parliament to amend the Constitution and procedure therefor"

(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.

(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 present and voting, [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, Article 162 or Article 241, 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, the amendment shall also require to be ratified by the Legislature of not less than one-half of the States by resolution to that effect passed by those Legislatures before the Bill making provision for such amendment is presented to the President for assent.

(3) Nothing in Article 13 shall apply to any amendment made under this article.

(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.

Article 369 of Constitution of India "Temporary power to Parliament to make laws with respect to certain matters in the State List as if they were matters in the Concurrent List"

Notwithstanding anything in this Constitution, Parliament shall, during a period of five years from the commencement of this constitution, have power to make laws with respect to the following matters as if they were enumerated in the Concurrent List, namely:-

(a) trade and commerce within a State in, and in production, supply and distribution of, cotton and woollen textiles, raw cotton (including ginned cotton and unginned cotton or kapas), cotton seed, paper (including newsprint), foodstuffs (including edible oilseeds and oil), cattle fodder (including oil-cakes and other concentrates), coal (including coke and derivatives of coal), iron, steel and mica;

(b) offences against laws with respect to any of the matters mentioned in clause (a), jurisdiction and powers of all courts except the Supreme Court with respect to any of those matters, and fees in respect of any of those matters but not including fees taken in any court; but any law made by Parliament, which Parliament would not but for the provisions of this article have been competent to make, shall, to the extent of the in-competency, cease to have effect on the expiration of the said period, except as respects things done or omitted to be done before the expiration thereof.

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