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Question

Q. Which of the following statements is correct about “Amendment to the Indian Constitution”?

A

State legislatures can initiate any bill for amending the Constitution in some circumstance.
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B

Joint sitting can be held for passing the deadlocked Constitutional Amendment Bill.
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C

States have to ratify or reject the amendments referred to them within 6 months.
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D

The constitutional provisions which deal with federal matters have to be compulsorily passed by at least half of the states.
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Solution

The correct option is D
The constitutional provisions which deal with federal matters have to be compulsorily passed by at least half of the states.
Option ( a) is incorrect:
The power to initiate an amendment to the Constitution lies with the Parliament. Hence, unlike in the USA, the state legislatures cannot initiate any bill or proposal for amending the Constitution. It can only pass 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.

Option (b) is incorrect:
There is no provision for holding a joint sitting of both the Houses of Parliament if there is a deadlock over the passage of a constitutional amendment bill. On the other hand, a provision for a joint sitting is made in the case of an ordinary bill.

Option( c) is incorrect:
The Constitution does not prescribe the time frame within which the state legislatures should ratify or reject an amendment submitted to them. Also, it is silent on the issue whether the states can withdraw their approval after according the same.

Option (d) is correct:
Those provisions of the Constitution which are related to the federal structure of the polity can be amended by a special majority of the Parliament and also with the consent of half of the state legislatures by a simple majority. If one or some or all the remaining states take no action on the bill, it does not matter; the moment half of the states give their consent, the formality is completed.

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