Consider the following statements:
- A bill amending the Constitution requires a prior recommendation of the President of India.
- When a Constitution Amendment Bill is presented to the President of India, it is obligatory for the President of India to give his/her assent.
- A Constitution Amendment Bill must be passed by both the Lok Sabha and the Rajya Sabha by a special majority and there is no provision for joint sitting.
Which of the statements given above are correct?
Detailed Explanation:
Answer: Option 2 — 2 and 3 only
This question tests knowledge about the procedure for Constitutional Amendment under Article 368. Statement 1 is incorrect because a Constitution Amendment Bill does not require prior recommendation of the President and can be introduced by any member. Statements 2 and 3 are correct regarding Presidential assent being obligatory and the special majority requirement in both Houses without provision for joint sitting.
❌ Statement 1 – Incorrect: A Constitution Amendment Bill can be introduced by a minister or private member without prior recommendation of the President, unlike Money Bills or Bills affecting state powers under Article 368(2).
✅ Statement 2 – Correct: The 24th Constitutional Amendment (1971) made Presidential assent obligatory for Constitution Amendment Bills by amending Article 368, removing Presidential discretion in this matter.
✅ Statement 3 – Correct: Constitution Amendment Bills must be passed by special majority (majority of total membership and 2/3rd of members present and voting) in both Houses separately, with no provision for joint sitting.
📝 Short Notes: Constitutional Amendment Procedure (Article 368)
| Aspect | Requirement/Details |
|---|---|
| Introduction | Can be introduced in either House by a minister or private member; no prior Presidential recommendation required |
| Special Majority | Majority of total membership + 2/3rd of members present and voting in each House |
| Joint Sitting | No provision for joint sitting in case of disagreement between Houses |
| Presidential Assent | Obligatory after 24th Amendment (1971); President cannot withhold assent or return the Bill |
| State Ratification | Required for amendments affecting federal structure (Article 368(2)) - by legislatures of at least half the states |
| 24th Amendment (1971) | Made Presidential assent mandatory; affirmed Parliament's power to amend any provision including Fundamental Rights |
Question 3 of 4 Amendment Procedure
Practice PYQ questions from this topic across all years
As per Article 368 of the Constitution of India, the Parliament may amend any provisi...
Consider the following statements An amendment to the Constitution of India can be...