Previous Year Question
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?
1 and 2
2 and 3
1 and 3
1, 2 and 3
Correct Answer: B
Detailed Solution
Statement 1 is incorrect. The President’s prior recommendation is not required for introducing a Constitution Amendment Bill.
Under Article 368:
The Bill may be introduced in either House of Parliament.
It may originate in the Lok Sabha or the Rajya Sabha.
It may be introduced by a minister or a private member.
It cannot be introduced in a State Legislature.
No prior presidential recommendation is required.
Statement 2 is correct. Article 368(2) requires the President to give assent when a Constitution Amendment Bill, duly passed by Parliament and ratified by the States where necessary, is presented for assent.
In respect of such a Bill, the President cannot:
Withhold assent.
Return the Bill to Parliament for reconsideration.
Exercise a pocket veto.
The requirement that the President “shall give his assent” was expressly incorporated by the Constitution (Twenty-fourth Amendment) Act, 1971.
Statement 3 is correct. Each House of Parliament must pass a Constitution Amendment Bill separately by the prescribed special majority.
The special majority requires both:
A majority of the total membership of the House.
A majority of not less than two-thirds of the members present and voting.
If one House passes the Bill but the other rejects or does not pass it, the Bill fails. There is no provision for a joint sitting to resolve disagreement over a Constitution Amendment Bill.
Amendments affecting specified federal provisions additionally require ratification by the legislatures of not less than one-half of the States. These include:
Election of the President.
Extent of the executive powers of the Union and States.
Specified provisions concerning the Supreme Court and High Courts.
Distribution of legislative powers between the Union and States.
Lists in the Seventh Schedule.
Representation of States in Parliament.
Article 368 itself.
After the required parliamentary majority, State ratification where applicable, and presidential assent, the Constitution stands amended.