Question

Consider the following statements on the President's role in constitutional amendments:

1. The President can withhold assent to an amendment bill.

2. The 24th Amendment Act of 1971 mandates the President's assent.

3. The bill can be returned for reconsideration by Parliament.

Which of the statements given above is/are incorrect?

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

Answer 1

Answer:

A. 1 and 3 only

Constitutional Amendment Process and the President's Role

• Statement 1: The President can withhold assent to an amendment bill.

  This statement is incorrect. The President cannot withhold assent to a bill seeking to amend the Constitution. Once a bill is passed by both Houses of Parliament in the prescribed manner, the President is constitutionally obligated to give assent to it.

• Statement 2: The 24th Amendment Act of 1971 mandates the President's assent.

  This statement is correct. The Constitution (Twenty-fourth Amendment) Act, 1971, explicitly amended Article 368 of the Constitution. It clarified that for a bill to amend the Constitution, it must be presented to the President for his assent, and upon receiving such assent, the Constitution shall stand amended. This amendment effectively removed any ambiguity regarding the President's power to refuse assent to constitutional amendment bills.

  Key Case Law:

  • Kesavananda Bharati v. State of Kerala (1973): While this landmark judgment upheld the Parliament's power to amend the Constitution, it also introduced the 'Basic Structure Doctrine', limiting the scope of amendments. However, it did not alter the President's mandatory assent to amendment bills passed by Parliament.

• Statement 3: The bill can be returned for reconsideration by Parliament.

  This statement is incorrect. Unlike ordinary bills, where the President can return a bill for reconsideration (except for Money Bills), the President has no such power to return a constitutional amendment bill to Parliament for reconsideration. The President's role is limited to giving assent or withholding assent, and as established by the 24th Amendment, withholding assent is not an option for amendment bills. Therefore, the President must give his assent once the bill has been passed by Parliament.

  Constitutional Provision:

  • Article 368 (2) of the Constitution of India deals with the procedure for amendment and the President's assent.

Summary of President's Powers on Amendment Bills:

• The President must give assent to a constitutional amendment bill passed by Parliament.

• The President cannot withhold assent.

• The President cannot return the bill for reconsideration.