Question

Consider the following statements regarding the amendment procedure under Article 368 of the Indian Constitution:

1. A constitutional amendment bill can be initiated in either House of Parliament but not in state legislatures.

2. The President can withhold assent to a constitutional amendment bill or return it for reconsideration.

3. In case of disagreement between the two Houses of Parliament, a joint sitting can be held to resolve the deadlock.

Which of the statements given above is/are correct ?

• A. 1 only
• B. 2 only
• C. 1 and 3 only
• D. None of the above

Answer 1

Answer:

A. 1 only

Constitutional Amendment Procedure (Article 368)

• Article 368 of the Indian Constitution outlines the power of Parliament to amend the Constitution and the procedure for doing so.

• The procedure ensures a balance between flexibility and rigidity in amending the supreme law of the land.

Key Aspects of Constitutional Amendment Bills:

• Initiation of the Bill:
  

  • A constitutional amendment bill can be initiated only in either House of Parliament (Lok Sabha or Rajya Sabha).

  • It cannot be initiated in state legislatures. This is a crucial distinction.

  • The bill can be introduced by either a minister or a private member and does not require prior permission of the President.

• President's Assent:
  

  • The 24th Constitutional Amendment Act of 1971 made it obligatory for the President to give his assent to a constitutional amendment bill.

  • This means the President cannot withhold his assent or return the bill for reconsideration. Once passed by both Houses (and ratified by states if required), it must become an Act.

• Joint Sitting:
  

  • There is no provision for a joint sitting of both Houses of Parliament to resolve a deadlock over a constitutional amendment bill.

  • If there is a disagreement between the Lok Sabha and Rajya Sabha, the bill simply lapses. This ensures that constitutional amendments require consensus from both houses separately.

  • Joint sittings (under Article 108) are only applicable to ordinary bills, not money bills or constitutional amendment bills.

Types of Amendments under Article 368:

• By Special Majority of Parliament: Most provisions are amended this way. It requires a majority of the total membership of each House and a majority of not less than two-thirds of the members present and voting in each House.

• By Special Majority of Parliament and Ratification by Half of the State Legislatures: This applies to federal provisions of the Constitution, such as the election of the President, extent of executive power of the Union and states, distribution of legislative powers, etc.