Question

Which of the following statements are correct regarding the amendment process under Article 368?

1. A constitutional amendment bill requires prior permission from the President before introduction in Parliament.

2. Each House of Parliament must pass the bill separately with a special majority.

3. The President’s assent is mandatory for a constitutional amendment bill to become an Act.

• A. 1 and 2
• B. 2 and 3
• C. 1 and 3
• D. All are correct

Answer 1

Answer:

B. 2 and 3

Constitutional Amendment Process (Article 368)

• The process of amending the Indian Constitution is laid out in Part XX, specifically under Article 368. This article empowers Parliament to amend the Constitution and outlines the procedure for doing so.

• The Indian Constitution is neither too rigid nor too flexible, but a synthesis of both. This is often referred to as a 'flexible-rigid' constitution.

Key Aspects of the Amendment Procedure:

• Introduction of the Bill:

  • A bill for the amendment of the Constitution can be introduced in either House of Parliament (Lok Sabha or Rajya Sabha).

  • It can be introduced by a Minister or a private member.

  • Significantly, it does not require the prior permission of the President for its introduction. Therefore, the statement claiming prior presidential permission is incorrect.

• Passage in Parliament:

  • The bill must be passed by each House separately. There is no provision for a joint sitting of both Houses to resolve a deadlock over a constitutional amendment bill. This is a crucial difference from ordinary legislation.

  • Each House must pass the bill by a special majority. A 'special majority' means:

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

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

    This confirms that the statement regarding separate passage with a special majority is correct.

• Ratification by States (for certain amendments):

  • For amendments that affect the federal structure of the Constitution (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, representation of states in Parliament, or any of the lists in the Seventh Schedule, or Article 368 itself), the bill, after being passed by both Houses of Parliament with a special majority, must also be ratified by the legislatures of not less than one-half of the states by a simple majority.

• Presidential Assent:

  • After the bill is passed by both Houses of Parliament (and ratified by the state legislatures, if required), it is presented to the President for his assent.

  • The 24th Constitutional Amendment Act of 1971 made it obligatory for the President to give his assent to a constitutional amendment bill. The President cannot withhold his assent or return the bill for reconsideration. This makes the President's assent mandatory and confirms the correctness of the statement regarding the President's assent.

  • Upon the President's assent, the bill becomes an Act, and the Constitution stands amended in accordance with the terms of the Act.