Laxmikanth Test: Amendment of the Constitution - UPSC MCQ

In India, only Parliament can initiate a Constitution amendment. This process begins with a bill introduced in either House of Parliament, showing the exclusive role of Parliament in the amendment process.

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 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.

- Statement 1: The Constitution can be amended by a simple majority for changes related to the quorum in Parliament and the salaries of its members.
- This statement is correct. According to Article 368 of the Indian Constitution, certain provisions can be amended by a simple majority of the members present and voting in each house of Parliament. Changes related to the quorum in Parliament and the salaries of its members fall under this category.

- Statement 2: Amendments affecting the distribution of legislative powers between the Union and the states require ratification by state legislatures.
- This statement is also correct. Any amendment that affects the distribution of legislative powers between the Union and the states requires ratification by at least half of the state legislatures.

- Statement 3: The abolition or creation of legislative councils in states requires a special majority in Parliament.
- This statement is incorrect. The abolition or creation of legislative councils in states does not require a special majority in Parliament. It can be done by a simple majority of the members present and voting.

Therefore, the correct answer is B: 1 and 2 Only.

Statement-I accurately compares the amendment process to passing regular bills in Parliament, emphasizing the similarity with the exception of the special majority requirement. Statement-II correctly points out the balance between flexibility and rigidity in the amendment process, ensuring it can adapt to changing needs while not being easily altered by ruling parties. While both statements are correct, they discuss different aspects of the amendment process without one explaining the other.

Statement-I correctly highlights the absence of a time frame for state consent in the Indian Constitution regarding amendments, indicating a crucial aspect of the amendment process. However, Statement-II is incorrect as it discusses the ease of amending the Constitution, which is not the focus of the first statement and can be misleading. While the Indian Constitution does provide a procedure for amendments, it is not necessarily facile in all respects, as indicated by the complexities and provisions discussed in the text.

1. Correct. the voting supported by over 50 percent of the total strength of the house and the voting by a majority of two-thirds of the parliamentary member.

2. Correct. Consent required from half of the state legislatures.

3. Correct. Consent required from half of the state legislatures.

4. Incorrect. Fundamental Rights can be amended by a special majority in Parliament and do not require consent from all state legislatures.

• Statement 1 is correct. Article 368 outlines the procedures for amending the Constitution.
• Statement 2 is correct. Amendments affecting the federal structure need a special majority in Parliament and ratification by at least half of the state legislatures.
• Statement 3 is incorrect. Not all amendments require the involvement of state legislatures; some can be passed by simple or special majority in Parliament alone.

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.

1. A private member of the Parliament cannot introduce a constitutional amendment bill: This statement is incorrect. A private member (a Member of Parliament who is not a minister) can introduce a constitutional amendment bill.

2. The prior permission of the President is required for the introduction of every constitutional amendment bill: This statement is incorrect. The prior permission of the President is not required for the introduction of a constitutional amendment bill.

3. Special days are reserved for introducing constitutional amendment bills: This statement is incorrect. There are no special days reserved specifically for introducing constitutional amendment bills; they can be introduced on any working day of the Parliament.

Given the above analysis, none of the statements are correct.

So, the correct answer is: None of the above

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.

To explain the correct answer concisely:

- Statement 1 is correct because the President cannot send back a constitutional amendment bill for reconsideration to Parliament.
- Statement 2 is correct as elected representatives alone have the power to amend the Constitution.
- Statement 3 is incorrect because the judiciary can interpret the Constitution but cannot initiate the process of Constitutional Amendment.
- Statement 4 is correct as Parliament can amend any section of the Constitution.

Therefore, the correct answer is C: 1, 2, and 4 only.

1. Incorrect. Consent required from half of the state legislatures, not all states.

2. Correct. Consent required from half of the state legislatures.

3. Correct. Consent required from half of the state legislatures.

4. Incorrect. Consent required from half of the state legislatures, not all states.

Statement-I correctly points out the lack of clarity in the details of the amendment procedure, highlighting the potential for legal interpretation and disputes that may necessitate judicial intervention. Statement-II further explains the complexities of the Indian amendment process, indicating that despite the ambiguities, it effectively balances stability with adaptability, ensuring necessary changes can be made without being excessively rigid or flexible.

1. Correct. Special Majority in Parliament is required.

2. Correct. Consent required from half of the state legislatures.

3. Incorrect. Parliament can either abolish an existing Legislative Council or create one in a state by a simple majority, meaning a majority of members present and voting in each House. This can only be done if the state's legislative assembly first passes a resolution with a special majority supporting the change.

4. Incorrect. Parliament’s power to amend the Constitution requires a special majority in Parliament, but not necessarily consent from states, except for specific federal provisions.