Question

The theoretical powers to amend the Constitution, has been given to the Members of Parliament and State Legislatures by:

• A. Article 358
• B. Article 368
• C. Article 378
• D. No such powers

Hint:

Remember: Ordinary laws = Article 245–246. Constitutional Amendments = Article 368.

Answer 1

The Correct Option is B

Step 1: Constitutional provision.
Article 368 of the Constitution of India explicitly lays down the procedure for amending the Constitution. It grants Parliament the power to amend by way of addition, variation, or repeal of provisions.

Step 2: Role of State Legislatures.
For certain amendments (federal provisions like representation of states, powers of judiciary, etc.), ratification by at least half of State Legislatures is also required.

Step 3: Analysis of options.
- (A) Article 358: Deals with suspension of rights under Article 19 during Emergency.
- (B) Article 368: Correct — amendment powers provision.
- (C) Article 378: Transitional provisions.
- (D) Wrong, as powers do exist under Article 368.

Step 4: Conclusion.
Hence, constitutional amendment powers are conferred by Article 368.