Question

Choose the correct statement(s) regarding the amendment procedure under Article 368 of the Indian Constitution:

i. A constitutional amendment bill can be introduced in either House of Parliament by a minister or a private member without the prior permission of the President.

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

• A. Only i
• B. Only ii
• C. Both i and ii
• D. Neither i nor ii

Answer 1

Answer:

A. Only i

Constitutional Amendment Procedure in India (Article 368)

• Introduction of Bills: A bill to amend the Constitution can be introduced in either House of Parliament (Lok Sabha or Rajya Sabha). It can be introduced by a minister or a private member. Crucially, prior recommendation or permission of the President is NOT required for introducing a constitutional amendment bill. This distinguishes it from money bills.
• Distinction from Ordinary Bills: Constitutional amendment bills are treated differently from ordinary bills. They cannot be introduced in the State Legislatures.
• Joint Sitting: In the event of a disagreement or deadlock between the two Houses of Parliament regarding a constitutional amendment bill, a joint sitting of both Houses CANNOT be convened. This is a significant difference from the procedure for ordinary bills, where joint sittings are permitted to break deadlocks. The bill must be passed by each House separately by a special majority.
• Special Majority Requirement: For a constitutional amendment bill to be passed, it requires a special majority in each House. This means:
  • A majority of the total membership of that House.
  • A majority of not less than two-thirds of the members of that House present and voting.
• President's Assent: Once passed by both Houses, the bill is presented to the President for assent. The President MUST give assent to the bill. The President cannot withhold assent or return the bill for reconsideration.
• Types of Amendments: Article 368 provides for two types of amendments:
  • Amendments requiring a special majority of Parliament.
  • Amendments requiring a special majority of Parliament as well as ratification by at least half of the State legislatures (for provisions affecting federal character).