Question

Choose the correct statement(s) regarding the procedure for amending the Indian Constitution under Article 368.

1. A constitutional amendment bill can be initiated in either House of Parliament but not in state legislatures.

2. A joint sitting of both Houses of Parliament can be held to resolve disagreements over a constitutional amendment bill.

3. The President can withhold assent to a constitutional amendment bill after its passage by Parliament.

• A. 1 only
• B. 2 only
• C. 1 and 3 only
• D. 2 and 3 only

Answer 1

Answer:

A. 1 only

Constitutional Amendment Procedure (Article 368)

• Article 368 of the Indian Constitution outlines the power of the Parliament to amend the Constitution and the procedure for doing so. This article specifies two main ways of amending the Constitution: by a special majority of Parliament and by a special majority of Parliament along with the ratification by half of the state legislatures.

Key aspects regarding the initiation and passage of a Constitutional Amendment Bill:

• Initiation of the Bill:
  

  • A Bill for the amendment of the Constitution can be introduced in either House of Parliament, i.e., the Lok Sabha or the Rajya Sabha.

  • It can be introduced by a Minister or a private member and does not require prior permission of the President.

  • State legislatures do not have the power to initiate a constitutional amendment bill. Their role is confined to ratifying certain types of amendments (those affecting the federal structure) after they have been passed by Parliament. Therefore, statement 1 is correct.

• Passage of the Bill:
  

  • The Bill must be passed in each House separately by a special majority. A special majority means:
    

    • A majority of the total membership of that House (i.e., more than 50% of the total strength of the House).

    • 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. Joint sittings (under Article 108) are applicable only for ordinary legislative bills, not for constitutional amendment bills. Hence, statement 2 is incorrect.

• President's Assent:
  

  • Once passed by both Houses (and ratified by states where required), the Bill is presented to the President for assent.

  • The 24th Constitutional Amendment Act of 1971 made it obligatory for the President to give his assent to a constitutional amendment bill. This amendment inserted a new clause (2) in Article 368 making it clear that the President “shall give his assent” to the Bill.

  • Therefore, the President cannot withhold assent to a constitutional amendment bill nor can he return it for reconsideration by the Parliament. Thus, statement 3 is incorrect.

Important related facts for competitive exams:

• The procedure for amendment, though rigid compared to some countries, is also flexible, leading to the term 'blending of rigidity and flexibility'.

• The 'Basic Structure Doctrine', propounded by the Supreme Court in the Kesavananda Bharati case (1973), limits Parliament's amending power, stating that the basic structure of the Constitution cannot be amended.

• Amendments requiring ratification by states typically affect federal provisions such as the election of the President, extent of executive power of the Union and states, distribution of legislative powers, and representation of states in Parliament.

• Some parts of the Constitution can be amended by a simple majority of Parliament, but these are not considered amendments under Article 368 (e.g., formation of new states, abolition or creation of legislative councils in states).