Question

Which of the following statements are correct regarding the amendment procedure in the Indian Constitution?

1. The power to amend the Constitution lies exclusively with the Parliament.

2. The President’s prior permission is required to introduce a constitutional amendment bill.

3. A constitutional amendment bill must be passed by a special majority in each House of Parliament separately.

• A. 1 and 3 only
• B. 2 only
• C. 1 and 2 only
• D. All of the above

Answer 1

Answer:

A. 1 and 3 only

Understanding the Amendment Procedure in the Indian Constitution

• The procedure for amending the Indian Constitution is laid down in Article 368 of Part XX of the Constitution. This article outlines the powers of Parliament to amend the Constitution and the procedure required for such amendments.

Parliament's Exclusive Power (Statement 1 is correct):

• The power to amend the Constitution lies exclusively with the Parliament. State Legislatures cannot initiate any bill or proposal for amending the Constitution.

• However, in certain cases (specifically, amendments requiring ratification by states), the states play a role in the ratification, but the initiation and passage of the bill itself remain with the Parliament.

• This power, while extensive, is not absolute. The Supreme Court, in the Kesavananda Bharati case (1973), introduced the 'Basic Structure Doctrine', stating that Parliament cannot amend the basic structure or fundamental features of the Constitution.

President's Prior Permission (Statement 2 is incorrect):

• A constitutional amendment bill does not require the President's prior permission or recommendation to be introduced in either House of Parliament. This is a crucial distinction from certain other bills like Money Bills (which require prior recommendation of the President under Article 117).

• Once passed by both Houses of Parliament, the bill is presented to the President for assent. The 24th Constitutional Amendment Act of 1971 made it obligatory for the President to give assent to a constitutional amendment bill (i.e., the President cannot withhold assent or return the bill for reconsideration).

Special Majority in Each House (Statement 3 is correct):

• A constitutional amendment bill, which falls under Article 368, must be passed by a special majority in each House of Parliament separately.

• A special majority means:

  1. A majority of the total membership of that House (i.e., more than 50% of the total strength of the House).

  2. A majority of not less than two-thirds of the members of that House present and voting.

• 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. If one House rejects the bill, or if there is a disagreement, the bill lapses.

Types of Amendments under Article 368:

• By Special Majority of Parliament: Most provisions of the Constitution fall under this category (e.g., Fundamental Rights, Directive Principles of State Policy).

• By Special Majority of Parliament and Ratification by Half of the State Legislatures by a Simple Majority: Provisions related to the federal structure of the Constitution fall under this category (e.g., election of the President, extent of the executive power of the Union and states, Supreme Court and High Courts, distribution of legislative powers between the Union and the states).

Amendments Outside Article 368:

• Some parts of the Constitution can be amended by a simple majority of Parliament (e.g., admission or establishment of new states, formation of new states and alteration of areas, names of existing states, abolition or creation of Legislative Councils in states). These amendments are not deemed to be amendments under Article 368