Question

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

1. An amendment bill can be introduced in either House of Parliament by a private member without the prior permission of the President.

2. In case of a deadlock between the two Houses over a constitutional amendment bill, a joint sitting of both Houses can be convened to resolve the disagreement.

3. The President is constitutionally obligated to give assent to a constitutional amendment bill passed by Parliament.

How many of the above statements are correct?

• A. Only one
• B. Only two
• C. All three
• D. None of the above

Answer 1

Answer:

B. Only two

Constitutional Amendment Procedure in India

• Article 368 of the Indian Constitution outlines the amendment procedure.
• An amendment bill can only be introduced in either House of Parliament (Lok Sabha or Rajya Sabha).
• It cannot be introduced in State Legislatures.
• The bill can be introduced either by a Government Minister or a Private Member.
• Prior President's permission is NOT required for introducing a constitutional amendment bill.
• There is no provision for a Joint Sitting of the two Houses of Parliament in case of a disagreement or deadlock over a constitutional amendment bill. This is a key difference compared to ordinary bills.
• After being passed by each House separately by a special majority (i.e., 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), the bill is presented to the President.
• The President must give assent to a constitutional amendment bill passed by Parliament. The President has no power to withhold assent or return the bill for reconsideration. This was established by the 24th Amendment Act, 1971.
• Certain amendments, particularly those affecting the federal character of the Constitution, require ratification by at least half of the State Legislatures in addition to the special majority in Parliament.

Key Points for Competitive Exams:

• Distinguish between the amendment procedure for ordinary bills and constitutional amendment bills.
• Understand the special majority requirement under Article 368.
• Recognize the absence of joint sittings for amendment bills.
• Note the President's mandatory assent to amendment bills.
• Be aware of the special provision for ratification by states in specific cases.