Question

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

i. The concept of constitutional amendment in India was borrowed from the South African Constitution.

ii. Amendments to provisions related to the federal structure require ratification by at least half of the state legislatures by a simple majority.

iii. The President can withhold assent to a constitutional amendment bill or return it for reconsideration by Parliament. A) B) C) D)

• A. Only i and ii
• B. Only i and iii
• C. Only ii and iii
• D. All are correct

Answer 1

Answer:

A. Only i and ii

Constitutional Amendment Procedure in India

• Borrowed Features: The procedure for amending the Indian Constitution, particularly the concept of a flexible amendment process alongside rigidity, was largely inspired by the South African Constitution. The 20th Amendment Act of 1966 to the South African Constitution is often cited as a key influence.
• Types of Amendments: The Indian Constitution provides for three ways to amend it, as outlined in Article 368:
  • By simple majority of Parliament.
  • By special majority of Parliament.
  • By special majority of Parliament plus ratification by half of the state legislatures.
• Federal Structure Amendments: Amendments that affect the federal structure of the Constitution, such as provisions related to the powers of the Supreme Court, the Union and States' executive and legislative powers, or the representation of states in Parliament, require ratification by at least half of the state legislatures. This ratification must be done by a simple majority of the members present and voting in each of those state legislatures.
• Presidential Assent: The President of India has a specific role in the amendment process. Unlike ordinary bills, the President cannot withhold assent to a constitutional amendment bill passed by both Houses of Parliament. The President is constitutionally obligated to give assent to such a bill. Similarly, the President cannot return a constitutional amendment bill for reconsideration by Parliament. This is a significant distinction from the process for ordinary bills.
• Key Distinction: It's crucial to note that the President's power to return a bill for reconsideration applies only to ordinary legislation, not to constitutional amendment bills under Article 368. This ensures the smooth and unimpeded passage of amendments, especially those requiring state ratification.