Which of the following statements regarding constitutional amendment is/are correct ?
1. The procedure for amendment to the Constitution is provided in Article 368.
2. A Bill to amend the Constitution can be introduced in either House of the Parliament.
3. The special procedure in Article 368 vests constituent powers upon the ordinary legislation.
Select the correct answer using the code given below :
This question was previously asked in
CDS 02/2021: GK Previous Paper (Held On 14 Nov 2021)
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- 1 only
- 1, 2 and 3
- 2 and 3 only
- 1 and 2 only
Answer (Detailed Solution Below)
Option 2 : 1, 2 and 3
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Electric charges and coulomb's law (Basic)
10 Questions 10 Marks 10 Mins
The correct answer is 1, 2 and 3.
Constitutional amendment
- The bill can be introduced either by a minister or by a private member and does not require prior permission from the president. Hence, Statement 2 is correct.
- The bill must be passed in each House by a special majority, that is, a majority of the total membership of the House and a majority of two-thirds of the members of the House present and voting.
- Each House must pass the bill separately. In case of a disagreement between the two Houses, there is no provision for holding a joint sitting of the two Houses for the purpose of deliberation and passage of the bill.
- If the bill seeks to amend the federal provisions of the Constitution, it must also be ratified by the legislatures of half of the states by a simple majority.
- After duly passed by both the Houses of Parliament and ratified by the state legislatures, where necessary, the bill is presented to the President for assent.
- The President must give his assent to the bill. He can neither withhold his assent to the bill nor return the bill to the Parliament for reconsideration.
- After the President’s assent, the bill becomes an Act (i.e., a Constitutional Amendment Act) and the Constitution stands amended in accordance with the terms of the Act.
- The Constitution of India provides for its amendment in order to adjust itself to the changing conditions and needs.
- Article 368 in Part XX of the Constitution deals with the powers of Parliament to amend the Constitution and its procedure. Hence, Statement 1 is correct.
- Body
- The procedure for the amendment of the Constitution as laid down under Article 368 is as follows:
- An amendment of the Constitution can be initiated only by the introduction of a bill for the purpose in either House of Parliament and not in the state legislatures.
- Part-XX Article 368 (1) of the Constitution of India grants constituent power to make formal amendments and empowers Parliament to amend the Constitution by way of addition, variation or repeal of any provision according to the procedure laid down therein, which is different from the procedure for ordinary legislation. Hence, Statement 3 is correct.
Types of Amendments
- Article 368 provides for two types of amendments, that is, by a special majority of Parliament and also through the ratification of half of the states by a simple majority.
- Some other articles provide for the amendment of certain provisions of the Constitution by a simple majority of Parliament, that is, a majority of the members of each House present and voting (similar to the normal legislative process).
- Notably, these amendments are not deemed to be amendments to the Constitution for the purposes of Article 368.
Last updated on Sep 22, 2022
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