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?
Explanation
Article 368, Part XX outlines the procedure for amending the Constitution, ensuring a balance between flexibility and stability.
Statement 1 is incorrect: Prior permission of the President is not required to introduce the bill for amending the Constitution in India. It is required in case of a money bill.
Statement 2 is correct: The 24th Constitutional Amendment made it obligatory for the President to give his assent, when a Constitution Amendment Bill was presented to him.
Statement 3 is correct: Article 368 of the Indian constitution requires that the constitution of India can be amended by both houses of parliament by a 2/3 majority(special majority). In case of disagreement between both houses, there is no provision to summon a joint session of parliament. Procedure for the Constitution Amendment (Article 368):
Borrowed from Constitution of South Africa Introduction of bills Amendment bill can be introduced only in either house of Parliament Who can introduce? Either by a minister or private member. President’s role in introduction of bill Prior permission of the President is not required to introduce the bill. Type of Majority needed Special Majority: Majority of the total membership of that house (50%) + by a majority of not less than 2/3 of the members of that house present and voting (2/3 of Present and Voting). Bill in houses Both the houses need to pass the bill with special majority Joint seating (Art. 108) There is no provision for a joint sitting in case of disagreement between the two Houses. Amending federal provisions Special majority + ratification by the legislatures of half of the states by a simple majority. Role of President in assenting the bill 24th constitutional amendment: It also amended Article 368 to provide expressly that Parliament has power to amend any provision of the Constitution. The amendment further made it obligatory for the President to give his assent, when a Constitution Amendment Bill was presented to him. Role of state legislature in introducing bill State legislature cannot introduce such a bill.