Q. Which of the following statements regarding the procedure for the amendment of the Constitution of India under Article 368 is/are correct?
1.A constitutional amendment bill can be introduced in either House of Parliament with the prior permission of the President.
2.The bill must be passed in each House by a special majority.
3.There is a provision for a joint sitting of both Houses in case of disagreement over the amendment bill.
4.If the amendment seeks to alter federal provisions, it requires ratification by at least half of the state legislatures.
Select the correct answer using the code given below:
Answer: A
Notes:
Explanation:
- According to Article 368, no prior permission or recommendation of the President is required to introduce a Constitutional Amendment Bill.
- The bill can be introduced in either House of Parliament—Lok Sabha or Rajya Sabha—by a minister or a private member.
- This makes it different from certain types of ordinary bills (like Money Bills), which require recommendations or can only be introduced in a specific House.
- The bill must be passed in each House by a special majority.The term special majority here 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.
- Both Lok Sabha and Rajya Sabha must pass the bill separately with this special majority.
- In the case of disagreement between the two Houses, there is no provision for a joint sitting, unlike in the case of ordinary bills under Article 108.
- Each House must independently pass the bill by the required special majority. If one House rejects the bill or fails to pass it, the amendment cannot proceed.
- When the proposed amendment affects federal provisions—such as: The representation of states in Parliament, the powers of the Union and states, the Judiciary, or the process of constitutional amendment itself, then, ratification by at least half of the state legislatures is mandatory.
- This ratification must be done by a simple majority of the members present and voting in those state legislature.
Source: Laxmikant
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