Question

Consider the following statements regarding the procedure for amending the Indian Constitution:

1. A constitutional amendment bill can only be introduced in either House of Parliament and not in state legislatures.

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

3. In case of a deadlock between the two Houses of Parliament over a constitutional amendment bill, a joint sitting can be convened to resolve the issue.

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 in India

• The procedure for the amendment of the Indian Constitution is laid down in Article 368 of Part XX of the Constitution.

• India's Constitution is neither too rigid nor too flexible, striking a balance between the two extremes.

Regarding Statement 1: Introduction of a Constitutional Amendment Bill

• Statement 1 is correct. A Bill for the amendment of the Constitution can be introduced only in either House of Parliament (Lok Sabha or Rajya Sabha).

• It cannot be introduced in a state legislature or initiated by a State Government.

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

Regarding Statement 2: President's Assent to a Constitutional Amendment Bill

• Statement 2 is incorrect. The 24th Constitutional Amendment Act of 1971 made it obligatory for the President to give his/her assent to a Constitutional Amendment Bill.

• The President cannot withhold assent to the Bill nor can he/she return the Bill for reconsideration of the Parliament. This is a significant difference from ordinary bills, where the President has the power to return for reconsideration.

Regarding Statement 3: Joint Sitting for a Constitutional Amendment Bill

• Statement 3 is incorrect. There is no provision for a joint sitting of both Houses of Parliament to resolve a deadlock over the passage of a Constitutional Amendment Bill.

• According to Article 368, a Constitutional Amendment Bill must be passed by each House separately by a special majority (a majority of the total membership of that House and a majority of not less than two-thirds of the members of that House present and voting).

• If one House rejects the Bill or proposes amendments not acceptable to the other, the Bill fails. This strict requirement underscores the importance and solemnity of constitutional amendments.

Key Facts for Competitive Exams:

• The power to amend the Constitution is vested exclusively in the Parliament.

• The basic structure doctrine, enunciated in the Kesavananda Bharati case (1973), limits Parliament's power to amend the Constitution, preventing it from altering the fundamental features of the Constitution.

• There are three ways to amend the Constitution: by simple majority of Parliament, by special majority of Parliament, and by special majority of Parliament and ratification by half of the state legislatures. Article 368 primarily deals with the latter two.