Question

With reference to the procedural requirements for a constitutional amendment bill affecting the federal structure of India, consider the following statements:

i. The bill must be passed by a special majority in both Houses of Parliament.
ii. It requires ratification by the legislatures of at least three-fourths of the states.
iii. The state legislatures must ratify the bill using a special majority.

Which of the above statements is/are correct?

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

Answer 1

Answer:

A. i only

Constitutional Amendment Procedure in India

• The procedure for amending the Constitution of India is laid down in Article 368 of Part XX of the Constitution.
• Article 368 empowers Parliament to amend the Constitution and lays down the procedure for it. However, Parliament cannot amend those provisions which form the 'basic structure' of the Constitution, as ruled by the Supreme Court in the Kesavananda Bharati case (1973).

Types of Amendments:

1. By Simple Majority of Parliament: Many provisions can be amended by a simple majority, similar to ordinary legislation. These amendments are not strictly considered under Article 368. Examples include formation of new states, alteration of areas, boundaries or names of existing states, abolition or creation of Legislative Councils in states, and citizenship.
2. By Special Majority of Parliament: Most provisions of the Constitution require a special majority of Parliament. A 'special majority' means 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. This category includes provisions related to Fundamental Rights and Directive Principles of State Policy.
3. By Special Majority of Parliament and Ratification by States: This category applies to provisions related to the federal structure of the Constitution. These amendments require a special majority of Parliament (as defined above) AND the ratification by the legislatures of at least half of the states by a simple majority.

Requirements for Amendments Affecting Federal Structure:

• Parliamentary Approval (Statement i): The bill for such an amendment must indeed be passed by a special majority in both Houses of Parliament. This means 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. This statement is correct.
• State Ratification (Statement ii): The bill requires ratification by the legislatures of at least half of the states, not three-fourths. This provision ensures that amendments affecting the federal character have significant support from the states. Therefore, statement ii is incorrect.
• Majority in State Legislatures (Statement iii): The state legislatures ratify the bill by a simple majority of those present and voting, not a special majority. Once a bill is ratified by the required number of states, it is sent for Presidential assent. Therefore, statement iii is incorrect.

Key Facts for Competitive Exams:

• Article 368 specifies two methods of amendment: by special majority of Parliament, and by special majority of Parliament plus ratification by half of the states.
• The President is bound to give his assent to a Constitutional Amendment Bill passed by Parliament and, where necessary, ratified by the state legislatures (24th Constitutional Amendment Act, 1971).
• The first Constitutional Amendment Act was passed in 1951.
• There is no provision for a joint sitting of both Houses of Parliament for a Constitutional Amendment Bill.