Consider the following statements related to Article 368 of the Constitution.
A. A constitutional amendment bill cannot be passed at a joint session of Parliament in case of deadlock between the two houses.
B. It is obligatory for the President of Indian to give his assent to a constitutional amendment bill passed under Article 368.
C. To amend seventh schedule of the Constitution, ratification of more than half of the state legislatures is essential.
D. A proposal to amend the Constitution can only be introduced in the house of the people.
Which of the statements are correct?
Consider the following statements related to Article 368 of the Constitution.
A. A constitutional amendment bill cannot be passed at a joint session of Parliament in case of deadlock between the two houses.
B. It is obligatory for the President of Indian to give his assent to a constitutional amendment bill passed under Article 368.
C. To amend seventh schedule of the Constitution, ratification of more than half of the state legislatures is essential.
D. A proposal to amend the Constitution can only be introduced in the house of the people.
Which of the statements are correct?
The correct option is A A,B and C
Bills seeking to amend the Constitution are of three types:—
1. Bills that are passed by Parliament by simple majority;
2. Bills that have to be passed by Parliament by the special majority prescribed in article 368(2)of the Constitution; and
3. Bills that have to be passed by Parliament by the special majority as aforesaid and also to be ratified by not less than one-half of the State Legislatures.
Constitution Amendment Bills
Bills seeking to amend all other provisions of the Constitution including those enumerated in the proviso to article 368(2) are called by the title ‘Constitution Amendment Bills’. These Bills can be introduced in either House of Parliament. If sponsored by a Private Member, the Bill has to be examined in the first instance and recommended for introduction by the Committee on Private Members’ Bills and Resolutions before it is included for introduction in the List of Business. Motions for introduction of the Bills are decided by simple majority.
Constitution Amendment Bills are not treated as Money Bills or Financial Bills. Accordingly, President’s recommendation under articles 117 and 274 of the Constitution in regard to these Bills is not asked for. However, if the recommendation is communicated by the Minister, it is published in the Bill or in the Bulletin.
Constitution Amendment Bills have to be passed in each House of Parliament by a special majority ie. by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of the House “present and voting”.
Each clause or schedule is put to the vote of the House separately and carried by the special majority. However, if any member requests that any of the clauses or schedules be put separately, the Speaker complies with such a request.
1. Amendments to clauses or schedules are decided by simple majority as in the case of any other Bill.
2. Ratification by the State Legislatures
3. A Constitution Amendment Bill which seeks to make any change in articles relating to:—
the election of the President, or
the extent of the executive power of the Union and the States, or
the Supreme Court and the High Courts, or
distribution of legislative powers between the
Union and States, or representation of States in Parliament, or the very procedure for amendment as laid down in article 368 of the Constitution, after it is passed by the Houses of Parliament by the special majority, has also to be ratified by Legislatures of not less than one-half of the States by resolutions to that effect passed by them before the Bill making provision for such an amendment is presented to the President for assent.
Joint Sitting-In case of any disagreement between the two Houses of Parliament on a Constitution Amendment Bill, there cannot be a joint sitting of the Houses of Parliament on the Bill as article 368 of the Constitution requires each House to pass the Bill by the prescribed special majority.
Assent to Constitution Amendment Bills-Constitution Amendment Bills passed by Parliament are presented to the President under article 368 of the Constitution under which the President is bound to give his assent to such Bills.
A,B and C
Bills seeking to amend the Constitution are of three types:—
1. Bills that are passed by Parliament by simple majority;
2. Bills that have to be passed by Parliament by the special majority prescribed in article 368(2)of the Constitution; and
3. Bills that have to be passed by Parliament by the special majority as aforesaid and also to be ratified by not less than one-half of the State Legislatures.
Constitution Amendment Bills
Bills seeking to amend all other provisions of the Constitution including those enumerated in the proviso to article 368(2) are called by the title ‘Constitution Amendment Bills’. These Bills can be introduced in either House of Parliament. If sponsored by a Private Member, the Bill has to be examined in the first instance and recommended for introduction by the Committee on Private Members’ Bills and Resolutions before it is included for introduction in the List of Business. Motions for introduction of the Bills are decided by simple majority.
Constitution Amendment Bills are not treated as Money Bills or Financial Bills. Accordingly, President’s recommendation under articles 117 and 274 of the Constitution in regard to these Bills is not asked for. However, if the recommendation is communicated by the Minister, it is published in the Bill or in the Bulletin.
Constitution Amendment Bills have to be passed in each House of Parliament by a special majority ie. by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of the House “present and voting”.
Each clause or schedule is put to the vote of the House separately and carried by the special majority. However, if any member requests that any of the clauses or schedules be put separately, the Speaker complies with such a request.
1. Amendments to clauses or schedules are decided by simple majority as in the case of any other Bill.
2. Ratification by the State Legislatures
3. A Constitution Amendment Bill which seeks to make any change in articles relating to:—
the election of the President, or
the extent of the executive power of the Union and the States, or
the Supreme Court and the High Courts, or
distribution of legislative powers between the
Union and States, or representation of States in Parliament, or the very procedure for amendment as laid down in article 368 of the Constitution, after it is passed by the Houses of Parliament by the special majority, has also to be ratified by Legislatures of not less than one-half of the States by resolutions to that effect passed by them before the Bill making provision for such an amendment is presented to the President for assent.
Joint Sitting-In case of any disagreement between the two Houses of Parliament on a Constitution Amendment Bill, there cannot be a joint sitting of the Houses of Parliament on the Bill as article 368 of the Constitution requires each House to pass the Bill by the prescribed special majority.
Assent to Constitution Amendment Bills-Constitution Amendment Bills passed by Parliament are presented to the President under article 368 of the Constitution under which the President is bound to give his assent to such Bills.
