Challenger Logo

Challenger App

Get it on Google PlayGet it on App Store
Challenger App

No.1 PSC Learning App

★
★
★
★
★
1M+ Downloads
Get App

Consider the following statements about the special majority required for amending the Constitution:

  1. It requires a majority of the total membership of the House and two-thirds of the members present and voting.

  2. 'Total membership' includes vacant seats and absentees.

  3. This majority applies only to amendments affecting Fundamental Rights.

Which of the statements given above is/are correct?

A1 and 2 only

B2 only

C1 and 3 only

D1, 2 and 3

Answer:

A. 1 and 2 only

Read Explanation:

  • Statement 1: "It requires a majority of the total membership of the House and two-thirds of the members present and voting."

  • This statement is CORRECT. Article 368 of the Indian Constitution specifies that constitutional amendments require a special majority, which means:

    • A majority of the total membership of each House of Parliament, AND

    • A two-thirds majority of the members present and voting in each House

  • Both conditions must be satisfied simultaneously for the amendment to pass.

  • Statement 2: "'Total membership' includes vacant seats and absentees."

  • This statement is CORRECT. The term "total membership" refers to the actual strength of the House as fixed by law, regardless of vacancies or absentees. For example, if the Lok Sabha has 545 seats, the total membership remains 545 even if some seats are vacant or members are absent. This makes it more stringent as the majority is calculated on the full strength, not just those present.

  • Statement 3: "This majority applies only to amendments affecting Fundamental Rights."

  • This statement is INCORRECT. The special majority under Article 368 applies to most constitutional amendments, not just those affecting Fundamental Rights. It applies to:

    • Amendments to Fundamental Rights (Part III)

    • Amendments to Directive Principles of State Policy (Part IV)

    • Most other provisions of the Constitution

    • The only exceptions are amendments affecting federal structure, which require additional ratification by state legislatures

  • Therefore, statements 1 and 2 are correct, making Option A the right answer.

Related Questions:

Choose the correct statement(s) regarding the Comptroller and Auditor General (CAG) of India.

  1. The CAG is appointed by the President of India and can only be removed in the same manner as a Supreme Court judge.

  2. The CAG’s salary and administrative expenses are charged upon the Consolidated Fund of India, not subject to parliamentary vote.

  3. The CAG has the authority to control withdrawals from the Consolidated Fund of India.

  4. The CAG submits audit reports on state accounts to the President, who presents them to the Parliament.

Which of the following statements is/are correct about the appointment and tenure of the CAG?

i. The CAG is appointed by the President of India and holds office for a term of 6 years or until the age of 65, whichever is earlier.

ii. The CAG can be removed by the President on the same grounds and in the same manner as a judge of the Supreme Court.

iii. The CAG is eligible for further office under the Government of India or any state after ceasing to hold office.

iv. The salary of the CAG is determined by the President and can be altered to the CAG’s disadvantage during their tenure.

Consider the following statements about the State Finance Commission’s powers:

  1. The Commission can requisition public records from any office.

  2. The Commission determines the taxes that panchayats can levy and expend.

  3. The Commission’s members are appointed by the President of India.

Which of the following statements about the duties of the CAG is/are correct?
i. The CAG audits all expenditure from the Consolidated Fund of India, Consolidated Fund of each state, Contingency Fund of India and of each state, and the Public Accounts.
ii. The CAG audits the accounts of government companies as per the Companies Act.
iii. The CAG compiles and maintains the accounts of the Central Government.
iv. The CAG advises the President on the form in which the accounts of the Centre and states should be kept.

Consider the following statements about the Advocate General's tenure and remuneration:
i. The Advocate General can resign from office by submitting a letter to the Governor.
ii. By convention, the Advocate General resigns when the state government changes.
iii. The Constitution explicitly fixes the remuneration of the Advocate General.
iv. The Governor determines the remuneration of the Advocate General.