UPSC Prelims 2022 – Question 13

by Edukemy Team February 19, 2024

Table of Contents

A bill amending the Constitution requires a prior recommendation of the Président 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?
a) 1 and 2 only
b) 2 and 3 only
c) 1 and 3 only
d) 1, 2 and 3

Answer – B

Statement 1 is incorrect: According to Article 368 of the Indian constitution, prior approval of the President is not required for the Constitutional Amendment Act. The bill can be introduced either by a minister or by a private member. 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.
Statement 2 is correct: As per the 1971 amendment of Article 368, it has been obligatory for the President to give his assent to the Constitutional Amendment Bill and the President cannot exercise any veto power regarding this. The president cannot exercise his veto powers with respect to the Constitution Amendment Bill. The president must give his assent to the bill. 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 and the Constitution stands amended in accordance with the terms of the Act.
Statement 3 is correct: The Constitutional Amendment Bill needs to be passed by both the houses separately by a special majority and there is no provision of joint sitting.

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