Question

Consider the following statements:

1. A constitutional amendment bill can be passed by a joint sitting of both houses of Parliament.

2. The President must give his assent to a constitutional amendment bill.
   Which of the above statements is/are correct?
   

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

Answer 1

Answer:

B. 2 only

Constitutional Amendment Bills in India

Joint Sitting and Constitutional Amendment Bills

• A Constitutional Amendment Bill cannot be passed by a joint sitting of both Houses of Parliament.

• Article 368 of the Indian Constitution outlines the procedure for amending the Constitution. It mandates that a Constitutional Amendment Bill must be passed by each House separately by a special majority.

• A special majority requires a majority of the total membership of that House and a majority of not less than two-thirds of the members of that House present and voting.

• The provision for a joint sitting (Article 108) is specifically for resolving deadlocks on ordinary bills, and it is not applicable to Constitutional Amendment Bills or Money Bills.

• If there is a disagreement between the two Houses on a Constitutional Amendment Bill, the bill fails and cannot be passed through a joint sitting. This underscores the higher threshold for constitutional amendments.

President's Assent to Constitutional Amendment Bills

• The President must give his assent to a Constitutional Amendment Bill.

• This obligation was introduced by the 24th Constitutional Amendment Act of 1971.

• Prior to this amendment, there was ambiguity regarding the President's power to withhold assent. The 24th Amendment clarified that the President has no option but to give assent to a Constitutional Amendment Bill duly passed by both Houses of Parliament.

• The President cannot send a Constitutional Amendment Bill back for reconsideration by the Parliament, unlike an ordinary bill (Article 111). Once passed by both Houses with the special majority, it becomes binding on the President to sign it into law.

• This provision ensures that constitutional amendments, once approved by the requisite majority in Parliament, are not subjected to the executive's discretion for assent.