Question

Consider the following statements regarding the role of the President in constitutional amendments.

1. The President must give assent to a constitutional amendment bill, as mandated by the 24th Constitutional Amendment Act of 1971.

2. The President can initiate a constitutional amendment bill.

3. The President’s assent is required only for amendments that involve federal provisions.

Which of the statements given above is/are correct?

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

Answer 1

Answer:

A. 1 only

Role of the President in Constitutional Amendments

• The 24th Constitutional Amendment Act of 1971 significantly altered the President's role concerning Constitutional Amendment Bills.
• Prior to this amendment, there was ambiguity regarding the President's power to withhold assent or return a constitutional amendment bill for reconsideration.
• The 24th Amendment made it obligatory for the President to give assent to a Constitutional Amendment Bill after it has been passed by both Houses of Parliament. It explicitly added a new clause to Article 368, stating that the President "shall give his assent to the Bill."
• This amendment was enacted in response to the Supreme Court's verdict in the Golaknath case (1967), which held that Parliament could not amend Fundamental Rights. The 24th Amendment aimed to restore Parliament's power to amend any part of the Constitution, including Fundamental Rights, and ensure the President's obligatory assent.
• A Constitutional Amendment Bill can only be initiated in either House of Parliament (Lok Sabha or Rajya Sabha), not by the President. This is stipulated under Article 368 of the Constitution.
• The President's assent is required for all types of constitutional amendment bills once they have been duly passed by Parliament (and, where required, ratified by the state legislatures). It is not limited only to amendments involving federal provisions.
• For amendments that affect federal provisions (e.g., distribution of legislative powers, representation of states in Parliament, or the powers of the Supreme Court and High Courts), the bill must also be ratified by the legislatures of at least half of the states by a simple majority, in addition to being passed by a special majority in both Houses of Parliament, before it is presented to the President for assent. However, the President's assent is still mandatory for such bills.