Question

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?

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

Answer 1

Answer:

A. 1 and 2 only

• 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.