Question

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

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

II. In case of disagreement between the two Houses of Parliament on an amendment bill, a joint sitting can be held to resolve the deadlock.

III. Amendments affecting federal provisions require ratification by legislatures of at least half the states through a simple majority.

Which of the statements given above is/are correct?

• A. II only
• B. I and II only
• C. III only
• D. I, II and III

Answer 1

Answer:

C. III only

Article 368: Amendment of the Constitution

• Article 368 outlines the procedure for amending the Constitution of India. It provides for three types of amendments:

  1. By simple majority of Parliament.

  2. By special majority of Parliament.

  3. By special majority of Parliament plus ratification of the amendment by at least half of the state legislatures.

Analysis of the Statements:

• Statement I: Incorrect. The President cannot withhold assent to a Constitution Amendment Bill, nor can he return it for reconsideration. The President must give his assent to such a bill. This is a significant departure from the procedure for ordinary bills. The Supreme Court in the Shankari Prasad Singh Deo v. Union of India (1951) case upheld the power of Parliament to amend Fundamental Rights, and later in the Golaknath v. State of Punjab (1967) case, it held that Parliament could not abridge or take away any of the Fundamental Rights. However, this was overruled by the Supreme Court in the Kesavananda Bharati v. State of Kerala (1973) case, which held that Parliament could amend any part of the Constitution, including Fundamental Rights, but not the basic structure of the Constitution.

• Statement II: Incorrect. There is no provision for a joint sitting of the two Houses of Parliament in the case of a Constitution Amendment Bill. This is because such bills must be passed by each House separately by a special majority. This ensures that amendments are not passed under duress or without due deliberation by both houses.

• Statement III: Correct. Amendments that affect the federal provisions of the Constitution, such as those related to the powers of the Supreme Court, High Courts, the distribution of legislative powers between the Union and the states, or the representation of states in Parliament, require ratification by the legislatures of at least half of the states. This ratification must be done by a simple majority of the members of the state legislature present and voting. This ensures that significant changes impacting the federal structure have the consent of the states.

Key Constitutional Provisions Related to Amendments:

• Part XX of the Constitution deals with the Amendment of the Constitution.

• Article 368 is the sole article under Part XX.

• Special Majority: For most amendments under Article 368, a special majority is required, 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.

• Ratification by States: Certain amendments, especially those affecting the federal character or the powers of the judiciary, require ratification by state legislatures.