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Consider the following statements on procedural aspects of amendment bills:

  1. State legislatures can initiate amendment bills.

  2. No joint sitting is provided for disagreements between Houses.

  3. The bill must be passed separately in each House.

Which of the statements given above is/are correct?

A2 and 3 only

B1 only

C1 and 2 only

D1, 2 and 3

Answer:

A. 2 and 3 only

Read Explanation:

Constitutional Amendment Bills and State Legislatures

Statement 1: State legislatures can initiate amendment bills.

  • This statement is incorrect.

  • Only the Parliament of India has the power to initiate a bill for the amendment of the Constitution of India.

  • State legislatures cannot introduce any bill to amend the Constitution. They can, however, pass resolutions for the creation or abolition of Legislative Councils in their states, which then requires a parliamentary act.

Joint Sittings and Amendment Bills

Statement 2: No joint sitting is provided for disagreements between Houses.

  • This statement is correct.

  • The Constitution of India does not provide for a joint sitting of the two Houses of Parliament (Lok Sabha and Rajya Sabha) to resolve a deadlock on a Constitutional Amendment Bill.

  • This is a significant difference from the procedure for ordinary bills, where a joint sitting can be summoned under Article 108 in case of disagreement.

  • For a Constitutional Amendment Bill, both Houses must pass the bill independently and separately.

Passage of Amendment Bills

Statement 3: The bill must be passed separately in each House.

  • This statement is correct.

  • As per Article 368 of the Constitution, a Constitutional Amendment Bill must be passed by each House of Parliament separately.

  • This means that if one House rejects the bill, it lapses, even if the other House has passed it.

  • Furthermore, the bill requires a special majority for passage, which means a majority of the total membership of each House and a majority of not less than two-thirds of the members of that House present and voting.


Related Questions:

The 73rd Amendment of the Indian constitution came into force in:

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

  1. An amendment bill can be introduced in either House of Parliament by a private member without the prior permission of the President.

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

  3. The President is constitutionally obligated to give assent to a constitutional amendment bill passed by Parliament.

How many of the above statements are correct?

ചരക്കു-സേവന നികുതി പ്രാബല്യത്തിൽ വരൻ കാരണമായ ഭരണഘടനാ ഭേദഗതി ഏത്?

Consider the following statements regarding the 103rd Constitutional Amendment:

I. Articles 15 and 16 were amended to provide 10% reservation for Economically Weaker Sections (EWS).

II. Gujarat was the first state to implement this reservation.

III. This amendment is also applicable to minority educational institutions.

Which of the above statements are correct?

Consider the following statements regarding the types of majority required for constitutional amendments.

  1. Amendments to Fundamental Rights require a simple majority of Parliament.

  2. Amendments to federal provisions require ratification by half of the state legislatures by a special majority.

  3. The term “special majority” refers to a majority of the total membership of each House and two-thirds of members present and voting.