Consider the following statements:A bill amending the Constitution requires a prior recommendation o

Question

Consider the following statements:A bill amending the Constitution requires a prior recommendation of the President of India.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.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?

Accepted Answer

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.Statement 1 is not correct: The bill can be introduced either by a minister or by a private member and does not require prior permission of the president. The bill must be passed in each House by a special majority, that is, a majority (that is, more than 50 percent) of the total membership of the House and a majority of two-thirds of the members of the House present and voting.Statement 3 is correct: Each House must pass the bill separately. In case of a disagreement between the two Houses, there is no provision for holding a joint sitting of the two Houses for the purpose of deliberation and passage of the bill. If the bill seeks to amend the federal provisions of the Constitution, it must also be ratified by the legislatures of half of the states by a simple majority, that is, a majority of the members of the House present and voting.After duly passed by both the Houses of Parliament and ratified by the state legislatures, where necessary, the bill is presented to the president for assent.Statement 2 is correct: The president must give his assent to the bill (24th Constitutional Amendment Act, 1967). He can neither withhold his assent to the bill nor return the bill for reconsideration of the Parliament. After the president’s assent, the bill becomes an Act (i.e., a constitutional amendment act) and the Constitution stands amended in accordance with the terms of the Act.Source: Laxmikanth