Question

Consider the following statements on special majority amendments:

1. They cover Fundamental Rights and Directive Principles.

2. A joint sitting can resolve disagreements between Houses.

3. Vacancies in the House are excluded from 'total membership'.

Which of the statements given above is/are correct?

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

Answer 1

Answer:

B. 1 and 3 only

Constitutional Amendments Requiring Special Majority

• Article 368 of the Indian Constitution outlines the procedure for its amendment. Certain provisions require a special majority for amendment.

• A special majority is defined as a majority of the total membership of each House of Parliament and a majority of not less than two-thirds of the members of that House present and voting.

Breakdown of Statements:

• Statement 1: They cover Fundamental Rights and Directive Principles.

  • Amendments related to Fundamental Rights often require a special majority, as these are core tenets of the Constitution.

  • Amendments to Directive Principles of State Policy (DPSP) may also fall under this category, especially when they significantly alter the socio-economic framework envisioned by the Constitution.

  • For example, the Kesavananda Bharati case (1973) established the 'basic structure doctrine', which implies that amendments cannot alter the fundamental features of the Constitution, including many aspects of Fundamental Rights and Directive Principles.

• Statement 2: A joint sitting can resolve disagreements between Houses.

  • Article 368 explicitly states that no joint sitting of either House of Parliament shall be presented for the resolution of any difference of opinion between the two Houses in regard to a bill to amend any provision of this Constitution.

  • This means that disagreements on constitutional amendment bills cannot be resolved through a joint sitting, unlike ordinary bills.

• Statement 3: Vacancies in the House are excluded from 'total membership'.

  • When calculating the 'total membership' of a House for the purpose of a special majority, vacant seats are excluded.

  • The 'total membership' refers to the strength of the House, irrespective of whether members are present or absent. However, for the purpose of the 'present and voting' part of the special majority, only those members who are actually present and cast their vote are counted.

  • Therefore, the total membership is the strength of the House, and vacancies do not reduce this number for the calculation of 'total membership' itself, but they do affect the 'present and voting' count.

Key Points for Competitive Exams:

• Article 368 is crucial for understanding amendment procedures.

• Distinguish between amendments requiring simple majority, special majority, and special majority plus ratification by states.

• Understand that joint sittings are NOT applicable for constitutional amendment bills.

• The concept of 'total membership' and 'present and voting' is vital for calculating the required majority.