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Article 368 provides for the procedure for amendment of the Constitution. About amendment, consider the following:
1. All amendments to the Constitution are initiated only in the Parliament.
2. The Constitution Commission is required to amend the Constitution.
3. After the passage of the amendment bill in the Parliament and, in some cases, in State legislatures, the referendum is required for ratification of the amendment.
4. Sovereignty of elected representatives is the basis of the amendment procedure.
Q. Which of the above statements is/are correct?
Key Points
There are two methods of amending the Constitution and they apply to two different sets of articles of the Constitution:
Additional Information
Consider the following statements about the Constitutional amendment in India.
1. A private member of the Parliament cannot introduce a constitutional amendment bill
2. The prior permission of the President is required for the introduction of every constitutional amendment bill
3. Special days are reserved for introducing constitutional amendment bills
Q. Which of the above statements is/are correct?
Key Points
The bill can be introduced either by a minister or by a private member and does not require prior permission of the president. A private member here means an MP who does not belong to the ruling coalition. Special days in the Parliament are reserved for Private member bills - not constitutional amendment bills.
Additional Information
The legislative process begins with the introduction of a bill in either house of Parliament, i.e. the Lok Sabha or the Rajya Sabha. A bill can be introduced either by a minister or by a private member. In the former case it is known as a government bill and in the latter case it is known as a private member's bill.
Consider the following statements about the procedure to amend the Indian constitution:
1. A constitutional amendment bill requires the prior permission of the President.
2. It can only be introduced in the' Lok Sabha first as it is the house of the people from which the constitution derives its authority.
Q. Which of the above statements is/are correct?
Key Points
The prior permission of the President is required only in the case of money bills and other bills like the one which seeks to divide a state. It can be introduced in any House.
Additional Information
No Bill or amendment which imposes or varies any tax which varies any tax or duty in which States are interested,
(a) a tax or duty the whole or part of the net proceeds whereof are assigned to any State; or
(b) a tax or duty by reference to the net proceeds whereof sums are for the time being payable out of the Consolidated Fund of India to any State.
A constitutional amendment bill must be passed in each house by a combination of which of these conditions?
1. Two-thirds of the total membership of each house
2. Majority of those present and voting in each house
3. Two-thirds of those present and voting in each house
4. Majority of the total membership of each house
Q. Which of the above statements is/are correct?
Key Points
The bill must be passed in each House by a special majority, that is, a majority (that is, more than 50 per cent) of the total membership of the House and a majority of two-thirds of the members of the House present and voting.
In the case of two-third of total membership approving the bill, the second condition automatically gets fulfilled.
Additional Information
If a bill seeks to amend the federal provisions of the Constitution
Key Points
Additional Information
These provisions deal with the following matters (i.e., those which require ratification by state legislatures):
When a constitutional amendment bill is produced before the President, what are the options available to him?
1. Withhold the bill
2. Return the bill for reconsideration of the Parliament
3. End the bill
Q. Which of the above statements is/are correct?
Key Points
Additional Information
A bill passed by the Parliament can become an act only if it receives the assent of the President. When such a bill is presented to the President for his assent, he has three alternatives (under Article 111 of the Constitution):
Consider the following statements about the position of states concerning constitutional amendments:
1. The states can initiate a constitutional amendment bill in the USA, unlike in India.
2. The constitution does not provide a time limit for getting the required amendment cleared by the states in India.
Q. Which of the above statements is/are correct?
Key Points
The USA is a truly federal nation, gives power to its states to initiate amendments to the constitution. It is not the case in India, which is a quasi-federal nation.
Additional information
An amendment may be proposed by a two-thirds vote of both Houses of Congress, or, if two-thirds of the States request one, by a convention called for that purpose. The amendment must then be ratified by three-fourths of the State legislatures, or three-fourths of conventions called in each State for ratification.
Consider the following statements.
1. The President cannot send back a constitutional amendment bill for reconsideration to the Parliament.
2. Elected representatives alone have the power to amend the Constitution.
3. The judiciary cannot initiate the process of Constitutional Amendment but can effectively change the Constitution by interpreting it differently.
4. The Parliament can amend any section of the Constitution.
Q. Which of the above statements is/are correct?
Key Points
We can see the first statement in cases like Kesavarianda Bharati Sripadagalvam v. State of Kerala (1973) 4 SCC 225: Basic structure Doctrine; in other cases which enhanced the scope of Article 21 etc. In all other cases of a constitutional amendment, it is the Parliament and the state legislatures that are involved in constitutional amendment via Article 368 of the constitution. The President cannot send back a constitutional amendment bill for reconsideration to the Parliament.
Additional Information
With Regard to Constitutional Amendment Bills They can only be ratified (that is, cannot be rejected or returned) The President has the veto power over the bills passed by the Parliament that is, he can withhold his assent to the bills.
Given below are two statements, one labelled as Assertion (A) and the other labelled as Reason (R):
Assertion (A): The reservation of 33% of seats for women in Parliament and state Legislature does not require constitutional Amendment.
Reason (R): Political parties contesting elections can allocate 33% of seats they contest to women candidates without any constitutional amendment.
Q. In the context of the above two statements, which one of the following is correct?
Key Points
This is to encourage women to not underestimate them .As Many women politicians are in a very low minority in the respective parties and may feel marginalised .It is an 108th amendment bill ,popularly called reservation for women and the major step taken to boost and encourage women's in the society and other areas.
Additional Information
However, the Lok Sabha never voted on the bill. The bill Lapsed since it was still pending in Lok Sabha and the Lok Sabha expired during this two times in 2014 and 2019.
Several provisions in the Constitution can be amended by a simple majority of the two Houses of Parliament outside the scope of Article 368. These provisions include, inter alia
1. Citizenship clauses
2. Abolition or creation of legislative councils in states
3. Election of the President and its manner
Q. Which of the above statements is/are correct?
Key Points
These matters include:
Additional Information
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