Q. Consider the following statements with reference to the differences between Constitutional amendment procedure in India and the United States of America (USA):
1. Unlike in USA, the power to initiate all the amendments to the Constitution in India lie with the Parliament only.
2. In USA, every constitutional amendment must be ratified by at least three-fourth of the state legislatures.
3. Unlike in USA, there is no provision for a special body like constitutional convention in India to amend the Constitution.
How many statements given above are correct?
Exp) Option c is the correct answer.
Statement 1 is correct. In India, 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. The state legislatures cannot initiate any bill or proposal for amending the Constitution except in one case, which is, passing a resolution requesting the Parliament for the creation or abolition of legislative councils in the states. Here also, the Parliament can either approve or disapprove such a resolution or may not take any action on it. In USA, an amendment may be proposed either by the Congress (USA’s Parliament) or by a constitutional convention called for by two-thirds of the State legislatures.
Statement 2 is correct. In India, major part of the Constitution can be amended by the Parliament alone either by a special majority or by a simple majority. Only in few cases, the consent of the state legislatures is required and that too, only half of them. While in USA, every constitutional amendment must be ratified by at least three-fourth of the state legislatures.
Statement 3 is correct. There is no provision for a special body like Constitutional Convention as provided in U.S.A. for amending the Constitution in India. The constituent power is vested in the Parliament and only in few cases, in the state legislature.
