Previous Year Question
Consider the following statements:
An amendment to the Constitution of India can be initiated by an introduction of a Bill in the Lok Sabha only.
If such an amendment seeks to make changes in the federal character of the Constitution, the amendment also requires to be ratified by the legislature of all the States of India.
Which of the statement(s) given above is/are correct?
1 only
2 only
Both 1 and 2
Neither 1 nor 2
Correct Answer: D
Detailed Solution
Both statements are incorrect.
Statement 1 is incorrect
Under Article 368(2), the constitutional amendment process may be initiated by introducing a Bill for that purpose in either House of Parliament.
It means that a Constitution Amendment Bill:
May be introduced in either the Lok Sabha or the Rajya Sabha.
May be introduced by a minister or a private member.
Cannot be introduced in a State Legislature.
Does not require the President’s prior recommendation for introduction.
There is no provision for a joint sitting if the two Houses disagree over a Constitution Amendment Bill. Each House must pass it separately.
Special majority
A Bill governed by Article 368 must be passed in each House by:
A majority of the total membership of that House, and
A majority of not less than two-thirds of the members present and voting.
After passage and, where necessary, State ratification, the Bill is presented to the President. Article 368 provides that the President shall give assent to such a Bill.
Statement 2 is incorrect
An amendment affecting specified federal provisions does not require ratification by every State. Ratification by the Legislatures of not less than one-half of the States is sufficient.
State ratification is obtained after Parliament passes the amendment Bill and before it is presented for the President’s assent.
Matters requiring State ratification
Ratification by at least half of the States is principally required for amendments concerning:
Election of the President under Articles 54 and 55.
Extent of the executive powers of the Union and States under Articles 73 and 162.
Specified provisions concerning the Supreme Court and High Courts.
Distribution of legislative powers between the Union and the States.
Any of the Lists in the Seventh Schedule.
Representation of States in Parliament.
Article 368 itself.
Additional facts
State Legislatures cannot initiate a Constitution Amendment Bill.
States only ratify amendments for which Article 368 expressly requires their approval.
The Constitution does not prescribe a specific time limit for State ratification.
Some constitutional changes made by ordinary legislation are not treated as amendments under Article 368; for example, consequential changes connected with State reorganisation under Article 4.