Question

Consider the following statements regarding the initiation of a constitutional amendment bill under Article 368:

1. The bill can only be introduced in the Lok Sabha and not in the Rajya Sabha.

2. Prior permission of the President is required for introducing the bill.

3. The bill can be introduced by a private member without ministerial involvement.

Which of the statements given above is/are correct?

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

Answer 1

Answer:

C. 3 only

Constitutional Amendment Bills under Article 368

• Introduction of the Bill: A bill for constitutional amendment can be introduced in either the Lok Sabha or the Rajya Sabha. It does not need to be introduced exclusively in the Lok Sabha. This is a key distinction from ordinary money bills.

• President's Assent for Introduction: No prior permission from the President is required to introduce a constitutional amendment bill in Parliament. This is unlike bills seeking to change financial matters or state boundaries, which might require prior presidential sanction.

• Sponsorship of the Bill: A constitutional amendment bill can be introduced by a private member (a member of Parliament who is not a minister). This means that ministerial involvement or introduction by a government minister is not a prerequisite for initiating such a bill.

• Special Procedure: The procedure for amending the Constitution is laid out in Article 368 of the Constitution of India. It requires a special majority for passage in both Houses of Parliament.

• President's Role after Passage: The President must give assent to a constitutional amendment bill passed by both Houses. The President has no power to veto such a bill or send it back for reconsideration.