Question

With reference to the amendment procedure of the Indian Constitution, consider the following statements:

i. An amendment bill can be initiated in either House of Parliament but not in State Legislatures.

ii. The President can withhold assent to a constitutional amendment bill or return it for reconsideration.

iii. A joint sitting of both Houses of Parliament can be held to resolve disagreements over a constitutional amendment bill.

iv. Amendments affecting the federal structure require ratification by at least half of the State Legislatures by a simple majority.

Which of the statements given above are correct?

• A. i and iv only
• B. i and ii only
• C. ii and iii only
• D. iii and iv only

Answer 1

Answer:

A. i and iv only

Constitutional Amendment Procedure in India

• Initiation of Bills: A bill to amend the Constitution can be introduced in either House of the Parliament (Lok Sabha or Rajya Sabha). It cannot be introduced in the State Legislatures. This is explicitly stated in Article 368 (2) of the Constitution.
• Role of the President: The President of India cannot withhold assent to a bill seeking to amend the Constitution, nor can the President return the bill for reconsideration. The President is constitutionally bound to give assent to such a bill once it has been passed by both Houses of Parliament in the prescribed manner.
• Joint Sitting: There is no provision for a joint sitting of both Houses of Parliament to resolve disagreements over a constitutional amendment bill. This is a crucial distinction from ordinary bills, where a joint sitting can be convened under Article 108 in case of a deadlock.
• Ratification by States: Amendments that affect the federal character of the Constitution, such as those related to the Supreme Court, High Courts, distribution of legislative powers between the Union and the States, or representation of States in Parliament, require ratification by at least half of the State Legislatures. This ratification must be done by a resolution passed by a simple majority of the members present and voting in each of the concerned State Legislatures, in addition to the special majority in Parliament.
• Article 368: This article outlines the different procedures for amending the Constitution, categorizing them into three types: amendments by a simple majority of Parliament, amendments by a special majority of Parliament, and amendments by a special majority of Parliament along with ratification by half of the States.
• Key Distinction: Unlike ordinary bills, constitutional amendment bills require a special majority (a majority of the total membership of each House and a majority of not less than two-thirds of the members of that House present and voting) for passage in Parliament.