Quick Answer: What Is The Article 368?

What is Article 12 and 13?

Article 12 of the Constitution of India is of greatest importance as it defines what is State.

Further, Article 13 of the Constitution of India specifies which acts of the State are regulated by the Constitution so that State does not abuse the powers given to it by the Constitution..

Can basic structure be amended?

The basic structure (or doctrine) of the Constitution of India applies only to constitutional amendments, which states that the Parliament cannot destroy or alter the basic features of the Indian Constitution.

When financial emergency is declared?

The criteria for its proclamation is, if the President is satisfied that a situation has arisen whereby the financial stability or credit of India or of any part of the territory thereof is threatened, then financial emergency may be proclaimed.

Can Fundamental Rights be amended Article 368?

Article 368 does not contain a power to amend the constitution but only a procedure. The power to amend comes from the normal legislative power of Parliament. Therefore, amendments which “take away or abridge” the Fundamental Rights provisions cannot be passed.

What does Article 13 say?

Article 13 says it shall “in no way affect legitimate uses” and people will be allowed to use bits of copyright-protected material for the purpose of criticism, review, parody and pastiche.

Did Kesavananda Bharati win the case?

Kesavananda Bharati Swamiji, the sole unwitting petitioner in the historic Fundamental Rights case which prevented the nation from slipping into a totalitarian regime, died on Sunday. He was 80. Though the judgment is a landmark, the Swamiji did not win any relief in the case.

Can Article 370 be amended?

Neither India nor the State can unilaterally amend or abrogate the Article except in accordance with the terms of the Article. Article 370 embodied six special provisions for Jammu and Kashmir: … Article 370 could be abrogated or amended only upon the recommendation of the State’s Constituent Assembly.

What does Article 356 say?

“(1) Article 356 of the Constitution confers a power upon the President to be exercised only where he is satisfied that a situation has arisen where the government of a State cannot be carried on in accordance with the provisions of the Constitution.

What is Article 368 of the Indian constitution?

368. 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.] … for the amendment of the Constitution”.

What are the three types of amendments?

There are three ways in which the Constitution can be amended:Amendment by simple majority of the Parliament.Amendment by special majority of the Parliament.Amendment by special majority of the Parliament and the ratification of at least half of the state legislatures.

What does Article 12 say?

Article 12 defines the term ‘state’ it says that-Unless the context otherwise requires the term ‘state’ includes the following – 1) The Government and Parliament of India that is Executive and Legislature of the Union. 2) The Government and Legislature of each states.

What was held in Golaknath case?

Golaknath v. State Of Punjab (1967 AIR 1643, 1967 SCR (2) 762), or simply the Golaknath case, was a 1967 Indian Supreme Court case, in which the Court ruled that Parliament could not curtail any of the Fundamental Rights in the Constitution.

What is Article 35 A in Kashmir?

Article 35A of the Indian Constitution was an article that empowered the Jammu and Kashmir state’s legislature to define “permanent residents” of the state and provide special rights and privileges to them. … Non-permanent residents of the state, even if Indian citizens, were not entitled to these ‘privileges’.

Can Article 13 be amended?

The Bill sought to amend articles 13 and 368 of the Constitution. … It is, therefore, considered necessary to provide expressly that Parliament has power to amend any provision of the Constitution so as to include the provisions of Part III within the scope of the amending power.

What is the Article 360?

Article 360 in the constitution of India is for imposing a nationwide financial emergency in India. Financial Emergency (Article 360): … A provision requiring all Money Bills or other Financial Bills to be reserved for the consideration of the President after they are passed by the legislature of the State.

Who won Golaknath case?

368 amend any fundamental right. Again in Sajjan Singh’s case this issue came up. But the Supreme Court in this case ruled by majority of 3:2 that the pith and substance of the Amendment was only to amend the fundamental right so as to help the State Legislatures in effectuating the policy of the agrarian reform.

What is there in Article 14?

1.1 Article 14 of the Constitution of India reads as under: “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”

Can Article 32 be amended?

Article 32 of the Indian Constitution gives the right to individuals to move to the Supreme Court to seek justice when they feel that their right has been ‘unduly deprived’. … And unless there is some Constitutional amendment, the rights guaranteed by this Article cannot be suspended.