Laxmikanth Test: Amendment of the Constitution - UPSC

There are two methods of amending the Constitution and they apply to two different sets of articles of the Constitution:

1. A special majority can amend the two houses of the Parliament.
2. It requires a special majority of the Parliament and consent of half of the State legislatures. This method is more difficult.

Additional Information

• Special Majority according to Article 249.
• This refers to a two-thirds majority of those present and voting. This is used to approve a Rajya Sabha resolution authorizing the Parliament to make State List laws.
• Special Majority according to Article 368.
• This refers to a vote backed by more than half of the House's total strength and a majority of 2/3rd of the members present and voting. The majority of Constitution Amendment Bills are written in this format.

• 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.

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.
(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.

The correct conditions for passing a constitutional amendment bill in India are:

1. Two-thirds of those present and voting in each house (Option 3)
2. Majority of the total membership of each house (Option 4)

Explanation:

In India, the process of constitutional amendment is governed by Article 368 of the Indian Constitution. According to this article, an amendment bill must be passed in each house (Lok Sabha and Rajya Sabha) by a majority of the total membership of that house and a majority of not less than two-thirds of the members present and voting.

This means that both the conditions mentioned above must be met for the successful passage of a constitutional amendment bill in each house of the Indian Parliament.

• It should 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. No special majority or two-thirds states are needed. So, A is incorrect.
• After duly passed by both the Houses of Parliament and ratified by the state legislatures, where necessary, the bill is presented to the President for assent. No prior consent is required.
• The power to initiate an amendment to the Constitution lies with the Parliament.

Additional Information

These provisions deal with the following matters (i.e., those which require ratification by state legislatures):

• Election of the President of India and the manner of the said election, as detailed in articles 54 and 55.
• Extent of the executive power of the Union, as detailed in Article 73.
• Extent of the executive power of a state, as detailed in Article 162.
• Provisions relating to High Courts for Union Territories, as detailed in Article 241.
• Provisions relating to the Union Judiciary, i.e., the Supreme Court, as detailed in Chapter IV of Part V of the Constitution.
• Provisions relating to the High Courts in the states, as detailed in Chapter V of Part VI of the Constitution.
• Distribution of legislative powers between the Union and the states, as detailed in Chapter I of Part XI of the Constitution.
• The three lists in the Seventh Schedule, i.e., the Union List, the State List and the Concurrent List, enumerating details of the matters in which the Union only, the states only and both the Union and states respectively have the powers to make laws.
• The representation of states in Parliament (e.g., articles such as 80, 81 and 82 and the Fourth Schedule).
• The amending clause itself, i.e., Article 368.

Key Points

• The first president of India who got elected unanimously Neelam Sanjeeva Reddy
• He was elected in the 1977 poll.
• Reddy also lost in the race to Rashtrapathi Bhavan during the election held on August 16, 1969, when V.V. Giri was victorious.
• Rajendra Prasad held office for two consecutive terms.
• He holds the record of serving as President for the longest number of years and securing the highest percentage of votes.
• Dr. APJ Abdul Kalam was served as the 11th President of India from 2002 to 2007.

Hence, the correct option is 'D'.

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.

Statements 1, 3, and 4 are correct.

1. The President cannot send back a constitutional amendment bill for reconsideration to the Parliament: This is because, according to Article 368 of the Constitution, the President cannot use his/her veto power to send back a constitutional amendment bill. The President must either give his/her assent or withhold it.

2. Elected representatives alone have the power to amend the Constitution: This statement is incorrect. While elected representatives in the Parliament (Lok Sabha and Rajya Sabha) have the primary role in amending the Constitution, the President also plays a crucial role by giving assent to the amendment bill.

3. The judiciary cannot initiate the process of Constitutional Amendment but can effectively change the Constitution by interpreting it differently: This is correct. The judiciary's role is to interpret the Constitution and ensure its provisions are upheld. While it cannot initiate the process of amending the Constitution, the judiciary can influence constitutional interpretation through its judgments, which may effectively change the meaning or application of certain provisions.

4. The Parliament can amend any section of the Constitution: This is correct. According to Article 368 of the Constitution, the Parliament has the power to amend any part of the Constitution, subject to certain limitations. Some provisions require a special majority in both Houses of Parliament and ratification by at least half of the states, while others require only a simple majority. However, the basic structure of the Constitution cannot be altered, as established by the Supreme Court

• 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

• The Women's Reservation Bill or The Constitution (108th Amendment) Bill, 9 th March, 2010, is a pending bill in the Parliament of India which proposes to amend the Constitution of India to reserve 1/3rd of all seats in the Lower house of Parliament of India, the Lok Sabha, and in all state legislative assemblies for women.
• The seats were proposed to be reserved in rotation and would have been determined by draw of lots in such a way that a seat would be reserved only once in three consecutive general elections. The Rajya Sabha passed the bill on 9 March 2010.

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.

These matters include:

• Admission or establishment of new states.
• Formation of new states and alteration of areas, boundaries or names of existing states. 
• Abolition or creation of legislative councils in states. 
• Second Schedule - emoluments, allowances, privileges and so on of the President, the Governors, the Speakers, judges, etc. 
• Quorum in Parliament. 
• Salaries and allowances of the members of Parliament. 
• Rules of procedure in Parliament.
• Privileges of the Parliament, its members and its committees. 
• Use of English language in Parliament.
• Several puisne judges in the Supreme Court. 
• Conferment of more jurisdictions on the Supreme Court. 
• Use of official language.
• Citizenship - acquisition and termination.
• Elections to Parliament and state legislatures. 
• Delimitation of constituencies.
• Union territories. 
• Fifth Schedule - administration of scheduled areas and scheduled tribes.
• Sixth Schedule - administration of tribal areas.

Additional Information

• Special Majority according to Article 249.
  This refers to a two-thirds majority of those present and voting. This is used to approve a Rajya Sabha resolution authorising the Parliament to make State List laws.
• Special Majority according to Article 368.
  This refers to a vote backed by more than half of the House's total strength and a majority of 2/3rds of the members present and voting. The majority of Constitution Amendment Bills are written in this format.
• This type of majority is utilised in the following situations:
  (i) Passing a constitutional amendment bill that has no effect on the federal government.
  (ii) Removing Supreme Court or High Court judges.
  (iii) Getting rid of the Comptroller and Auditor General of India (CAG) or the Chief Election Commissioner is a bad idea (CEC
  (iv) National emergency.