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 ?
- A.1 and 2 only
- B.2 and 3 only
- C.1 and 3 only
- D.1, 2 and 3
Show answer
Explanation
The correct answer is B, 2 and 3 only. Statements 2 and 3 are correct; an amendment bill needs no prior recommendation of the President.
Under Article 368, a bill to amend the Constitution can be introduced in either House of Parliament by a minister or a private member, and the President's prior permission is not needed. Each House must pass it separately by a special majority: a majority of its total membership and two-thirds of the members present and voting. If the Houses disagree, there is no joint sitting, unlike for ordinary bills under Article 108. The 24th Amendment, 1971 made it obligatory for the President to give assent to a Constitution Amendment Bill; the President can neither withhold assent nor return it.
A is wrong: statement 1 is false.
C is wrong: statement 1 is false, and it leaves out statement 2.
D is wrong: statement 1 is false.
Exam tip: Article 368 = no prior recommendation, special majority in each House, no joint sitting, assent compulsory (24th Amendment).