Previous Year Question
Consider the following statements:
An Amendment to the Constitution of India can be initiated by the
Lok Sabha
Rajya Sabha
State Legislatures
President of India
Which of the above statements is/are correct?
1, 2 and 3
1 and 2
Only1
2, 3 and 4
Correct Answer: B
Detailed Solution
According to Article 368(2) of the Indian Constitution, the process of constitutional amendment can be initiated by introducing a Constitution Amendment Bill in either House of Parliament.
Therefore, a Constitution Amendment Bill may be introduced in both the Lok Sabha and the Rajya Sabha.
Statement 1 is correct.
A Constitution Amendment Bill may be introduced in the Lok Sabha. Such a Bill may be introduced by a Minister or a Private Member.
Generally, a special majority is required in each House for the passage of a Constitution Amendment Bill.
A special majority means a majority of the total membership of the House and a majority of not less than two-thirds of the members present and voting.
Statement 2 is correct.
A Constitution Amendment Bill may also be introduced in the Rajya Sabha.
The Lok Sabha and Rajya Sabha have equal legislative powers in the constitutional amendment process. The Bill must be passed separately by both Houses with the required majority.
If a deadlock arises between the two Houses regarding a Constitution Amendment Bill, there is no provision for a joint sitting to resolve it.
Statement 3 is incorrect.
State Legislatures cannot initiate the constitutional amendment process by introducing a Constitution Amendment Bill.
However, amendments affecting certain federal provisions of the Constitution require ratification by the Legislatures of at least half of the States.
For example, specified amendments relating to the Lists in the Seventh Schedule and the representation of States in Parliament require ratification by the States.
However, the power to ratify an amendment and the power to initiate the amendment process by introducing a Constitution Amendment Bill are different.
Statement 4 is incorrect.
The President of India does not initiate the constitutional amendment process by introducing a Constitution Amendment Bill.
According to Article 368, a Constitution Amendment Bill passed by both Houses of Parliament with the required majority is presented to the President.
The President gives assent to such a Bill. The prior recommendation of the President is not required for a Constitution Amendment Bill.
Thus, a constitutional amendment can be initiated in the Lok Sabha or Rajya Sabha, but not by State Legislatures or the President.