Indian Polity : Amendment Of The Constitution

Q 4 / 21

UPSC CSE Prelims 2022

Consider the following statements :
  1. A bill amending the Constitution requires a prior recommendation of the President of India.
  2. 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.
  3. 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 ?

EXPLANATION

Correct Option

Statement 2 is correct. The 24th Constitutional Amendment Act of 1971 made it obligatory for the President of India to give assent to a Constitution Amendment Bill. The President cannot withhold assent or return such a bill for reconsideration by Parliament.

Statement 3 is correct. Article 368 of the Constitution mandates that a Constitution Amendment Bill must be passed by both Houses of Parliament (Lok Sabha and Rajya Sabha) by a special majority. A special majority requires a majority of the total membership of that House and a majority of not less than two-thirds of the members of that House present and voting. Furthermore, there is no provision for a joint sitting of Parliament to resolve a deadlock over a Constitution Amendment Bill.

Incorrect Options

Statement 1 is incorrect. A bill amending the Constitution does not require the prior recommendation of the President of India. Article 368 specifies that an amendment to the Constitution can be initiated in either House of Parliament without such a prior recommendation, distinguishing it from certain other types of bills like Money Bills.

Since statement 1 is incorrect, options (a) 1 and 2 only, (c) 1 and 3 only, and (d) 1, 2 and 3 are also incorrect.

SOURCEIndian Polity by M. Laxmikanth, Chapter 10: Amendment of the Constitution