Delhi Judicial Services Pre Exam 2007

Article 368 enables an amendment of the basic structure of Constitution of India by

Verified Answer
A. 2/3 majority of both house of parliament in a joint sitting
B. 2/3 majority of both house of parliament in a joint sitting and ratification by the legislature of 2/3 of states
C. Simple majority of both house of parliament in a joint sitting
D. None of these

Explanation:

Article 368 outlines the procedure for amending the Constitution, requiring a special majority in Parliament (2/3 of members present and voting, and a majority of the total membership of each house) and, for certain provisions, ratification by at least half of the state legislatures. The 'basic structure' doctrine, established in Kesavananda Bharati v. State of Kerala, holds that while Parliament can amend the Constitution, it cannot alter its basic features. A joint sitting is not used for constitutional amendments. Therefore, none of the given options accurately describe the process for amending the basic structure, as the basic structure itself cannot be altered, and the amendment procedures mentioned are incomplete or incorrect for constitutional amendments in general.