Q. Consider the following statements regarding the procedure of the amendment of Indian Constitution:
1. All the states must give their consent when an amendment modifies an article related to distribution of powers between the states and the central government.
2. To amend the provisions under Article 368, both the Houses must pass the amendment bill with simple majorities.
Which of the statement given above is/are incorrect?
Exp) Option c is the correct answer.
Statement 1 is incorrect. When an amendment aims to modify an article related to distribution of powers between the States and the central government, it is necessary that at least half the States (and not all) give their consent. The Constitution has ensured this by providing that legislatures of half the States have to pass the amendment bill before the amendment comes into effect. Consent of only half the States is required and simple majority of the State legislature is sufficient.
Statement 2 is incorrect. Article 368 in Part XX of the Constitution deals with the powers of Parliament to amend the Constitution and its procedure. A number of provisions in the Constitution that can be amended by a simple majority of the two Houses of Parliament is outside the scope of Article 368
| Important Tips Amendment to the Constitution (under 368) requires two different kinds of special majorities: 1. Special majority of the Parliament: In the first place, those voting in favour of the amendment bill should constitute at least half of the total strength of that House. Secondly, the supporters of the amendment bill must also constitute two-thirds of those who actually take part in voting. Both Houses of the Parliament must pass the amendment bill separately in this same manner (there is no provision for a joint session). 2. Special majority of the Parliament + Simple Majority by half the states:
This amendment along with Special majority of the Parliament shall also require to be ratified by the Legislatures of not less than one-half of the States by resolutions to that effect passed by those Legislatures before the Bill making provision for such amendment is presented to the President for assent. |
