Question

Choose the correct statement(s) regarding the amendment procedure of the Indian Constitution.

1. A constitutional amendment bill can be initiated in either House of Parliament or by state legislatures.

2. The President is constitutionally obligated to give assent to a constitutional amendment bill.

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

Answer 1

Answer:

B. 2 only

Constitutional Amendment Procedure in India

• The procedure for amending the Indian Constitution is laid down in Article 368 of the Constitution.
• A bill to amend the Constitution can be initiated only in either House of the Parliament (Lok Sabha or Rajya Sabha).
• It cannot be initiated in the State Legislatures.
• The bill must be passed by each House separately by a special majority.
• A special majority 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 the two Houses to resolve a deadlock on a constitutional amendment bill.
• After being passed by both Houses with a special majority, the bill is presented to the President for assent.
• The President must give assent to a constitutional amendment bill. He cannot withhold his assent or return the bill for reconsideration. This was explicitly clarified by the 24th Amendment Act, 1971.
• Some amendments, particularly those affecting the federal structure (e.g., powers of the Supreme Court, distribution of legislative powers between the Centre and States, representation of States in Parliament), require ratification by at least half of the State Legislatures by a simple majority, in addition to the special majority in Parliament.
• The first amendment to the Constitution was passed in 1951.