Question

Statement 1: The Indian Constitution provides for a special body, similar to a Constitutional Convention in the USA, for the purpose of amending the Constitution.
Statement 2: The Constitution does not prescribe a time frame within which state legislatures must ratify or reject an amendment submitted to them.

Which of the following statements are true?

• A. Both statements are true
• B. Both statements are false
• C. Only Statement 1 is true
• D. Only Statement 2 is true

Answer 1

Answer:

D. Only Statement 2 is true

Constitutional Amendment in India

• The procedure for amending the Indian Constitution is detailed in Part XX, Article 368.

• The Indian Constitution is designed to be neither excessively rigid nor overly flexible, embodying a balance that allows for adaptability while preserving core principles.

Regarding Statement 1: Absence of a Special Amending Body

• The Indian Constitution does not mandate a separate, dedicated body, akin to a Constitutional Convention in the USA, for the purpose of constitutional amendments.

• In India, the Parliament itself acts as the primary constituent body for amendments, following specific procedures and special majorities as outlined in Article 368.

• In contrast, the United States Constitution was originally drafted by a Constitutional Convention in 1787. Article V of the U.S. Constitution provides distinct mechanisms for amendment proposal (by Congress or a convention of states) and ratification (by state legislatures or conventions).

Regarding Statement 2: No Time-frame for State Ratification

• For amendments impacting the federal structure—such as the distribution of legislative powers, the representation of states in Parliament, or the amendment procedure itself (Article 368)—the bill requires ratification by at least half of the state legislatures, in addition to a special majority in Parliament.

• Crucially, the Indian Constitution, specifically Article 368, does not specify any time limit within which state legislatures must complete their ratification or rejection process. This means states have no constitutional deadline to act on such amendments.

Key Facts about Constitutional Amendments for Competitive Exams:

• Types of Amendments:

  • By Simple Majority: Certain provisions (e.g., creation of new states, abolition/creation of legislative councils) can be amended by a simple majority in Parliament, similar to ordinary legislation. These amendments are excluded from the scope of Article 368.

  • By Special Majority: Most constitutional provisions are amended by a special majority (a majority of the total membership of each House and a two-thirds majority of members present and voting in each House).

  • By Special Majority and State Ratification: Provisions affecting the federal structure require a special majority in Parliament AND ratification by at least half of the state legislatures by a simple majority.

• Initiation of Amendment: An amendment bill can be introduced in either House of Parliament, and not in state legislatures.

• Presidential Assent: The 24th Constitutional Amendment Act of 1971 made it mandatory for the President to give assent to a Constitutional Amendment Bill, removing the power to withhold or return it for reconsideration.

• Joint Sitting: There is no provision for a joint sitting of both Houses of Parliament to resolve a deadlock on a Constitutional Amendment Bill.

• Basic Structure Doctrine: Established by the Supreme Court in the landmark Kesavananda Bharati case (1973), this doctrine holds that Parliament cannot amend the 'Basic Structure' of the Constitution, thereby limiting its amending power.