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 a special majority, and there is no provision for Joint Sitting.
Which of the statements given above are correct?
a. 1 and 2 only
b. 2 and 3 only
c. 1 and 3 only
d. 1, 2 and 3
Answer: b
Explanation:
Article-368: Power of Parliament to amend the Constitution and procedure therefor—
(1) Parliament may, in the exercise of its constituent power, amend by way of addition, variation or repeal any provision of this Constitution in accordance with the procedure laid down in this article.
(2) An amendment of this Constitution may be initiated only by the introduction of a Bill for the purpose in either House of Parliament, and when the Bill is passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting, it shall be presented to the President who shall give his assent to the Bill and thereupon the Constitution shall stand amended in accordance with the terms of the Bill.
Provided that if such amendment seeks to make any change in—
- (a) article 54, article 55, article 73, 5 [ article 162, article 241 or article 279A]; or
- (b) Chapter IV of Part V, Chapter V of Part VI, or Chapter I of Part XI; or
- (c) any of the Lists in the Seventh Schedule; or
- (d) the representation of States in Parliament; or
- (e) the provisions of this article,
The amendment shall also require ratification by the legislatures of not less than one-half of the states by resolutions.
Hence, such a bill amending the Constitution does not require the President to present it with prior permission.
Hence, Statement 1 is incorrect.
As per clause (2) of Article 368 president must give his assent to the such a bill. This was done by 24th Constitutional Amendment Act.
Hence, statement 2 is correct.
Joint Sitting of the Houses is not applicable to Money Bill or a Constitution Amendment Bill.
Hence, statement 3 is correct.
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