Question

Regarding the procedure for passing a Constitutional Amendment Bill, which of the following statements is/are correct?

1. The bill can only be introduced in the Lok Sabha.

2. Prior permission of the President is mandatory for its introduction.

3. In case of a deadlock between the two Houses, a joint sitting can be convened.

4. The President is obligated to give assent to the bill once it is duly passed by the Parliament.

Select the correct option:

• A. 1 and 3
• B. 4 only
• C. 2 and 4
• D. 1, 2 and 3

Answer 1

Answer:

B. 4 only

Procedure for Constitutional Amendment Bill (Article 368)

• A Constitutional Amendment Bill can be introduced in either House of Parliament (Lok Sabha or Rajya Sabha), not just the Lok Sabha. This makes statement 1 incorrect.
• Such a bill does not require the prior permission or recommendation of the President for its introduction. This makes statement 2 incorrect.
• It can be introduced by either a Minister or a private member.
• The bill must be passed in each House separately by a special majority. A special majority means:
  • More than 50% of the total membership of the House, and
  • Two-thirds of the members present and voting.
• There is no provision for a joint sitting of Parliament to resolve a deadlock between the two Houses on a Constitutional Amendment Bill. This makes statement 3 incorrect. Joint sittings are only applicable to ordinary bills.
• If the amendment seeks to change certain federal provisions of the Constitution, it must also be ratified by the legislatures of at least half of the states by a simple majority (more than 50% of the members present and voting).
• After being passed by both Houses (and ratified by states, if required), the bill is presented to the President for assent.
• The President must give his assent to the bill. He can neither withhold his assent nor return the bill for reconsideration. This obligation was made explicit by the 24th Constitutional Amendment Act of 1971, which amended Article 368 and Article 111. This makes statement 4 correct.

Key Facts for Competitive Exams:

• The power to amend the Constitution is derived from Article 368 of the Indian Constitution.
• The basic structure of the Constitution cannot be amended, as established by the Kesavananda Bharati v. State of Kerala case (1973).
• The 24th Amendment Act of 1971 was a significant amendment, aimed at nullifying the Supreme Court's verdict in Golaknath v. State of Punjab (1967), which held that Parliament could not amend the Fundamental Rights. The 24th Amendment explicitly affirmed Parliament's power to amend any part of the Constitution, including Fundamental Rights, subject to the basic structure doctrine.
• Constitutional amendments are broadly of three types, though only two are covered under Article 368:
  • Amendment by simple majority (outside Article 368, e.g., formation of new states).
  • Amendment by special majority of Parliament (Article 368).
  • Amendment by special majority of Parliament and ratification by half of the state legislatures (Article 368).