Question

Analyze the following statements concerning the amendment of the Indian Constitution.

1. Amendments under Article 368 can be initiated by either a minister or a private member.

2. The President can return a Constitutional Amendment Bill for reconsideration by the Parliament.

Which of the statement(s) given above is/are correct?

• A. 1 only
• B. 2 only
• C. Both 1 and 2
• D. Neither 1 nor 2

Answer 1

Answer:

A. 1 only

Amendment of the Indian Constitution

• The power to amend the Indian Constitution and the procedure for doing so are laid down in Part XX (Article 368) of the Constitution.
• The Constitution can be amended in three ways: by simple majority of Parliament, by special majority of Parliament, and by special majority of Parliament and ratification by half of the state legislatures. Article 368 exclusively deals with the latter two.
• A Bill for the amendment of the Constitution can be introduced in either House of Parliament (Lok Sabha or Rajya Sabha).
• Such a Bill can be introduced by either a Minister or a Private Member (any MP who is not a minister). This confirms the correctness of statement 1.
• Unlike an ordinary Bill, a Constitutional Amendment Bill does not require the prior recommendation of the President for its introduction.
• Each House must pass the Bill separately by a special majority, which means a majority of the total membership of the House and a majority of not less than two-thirds of the members of that House present and voting.
• There is no provision for a joint sitting of both Houses of Parliament to resolve a deadlock over the passage of a Constitutional Amendment Bill.
• After being passed by both Houses, and ratified by states if required, the Bill is presented to the President for his assent.
• Regarding the President's role, the 24th Constitutional Amendment Act of 1971 made it explicitly clear that the President must give his assent to a Constitutional Amendment Bill. He can neither withhold his assent nor return the Bill for reconsideration by the Parliament. This makes statement 2 incorrect.
• This amendment was introduced following the landmark Supreme Court judgement in the Golaknath case (1967), which raised questions about Parliament's power to amend fundamental rights. The 24th Amendment aimed to nullify some aspects of this ruling, affirming Parliament's power to amend any part of the Constitution, including Fundamental Rights, subject to the 'Basic Structure' doctrine established later in the Kesavananda Bharati case (1973).