Constitutional Foundations & Political Concepts› Constitutional Amendment & Basic Structure
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 ?
Answer b.
Statements 2 and 3 are correct, so the answer is (b). No presidential recommendation is needed to introduce a Constitution Amendment Bill, but the President must assent to it once passed, and there is no joint sitting for such bills. Under Article 368, an amendment can be initiated only by introducing a bill in either House of Parliament, and that bill may be moved by a minister or a private member without any prior recommendation of the President. Each House must pass it separately by a special majority — a majority of the total membership of the House and at least two-thirds of members present and voting — and Article 368 makes no provision for a joint sitting under Article 108 to resolve a deadlock, so a bill rejected by one House simply fails. The 24th Constitutional Amendment Act, 1971 made presidential assent to a Constitution Amendment Bill obligatory: the President can neither withhold assent nor return the bill for reconsideration. Bills touching federal provisions additionally need ratification by the legislatures of half the states by simple majority.
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