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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?
- a)1 and 4 only
- b)1, 2 and 3 only
- c)1, 3 only
- d)All of the above
Correct answer is option 'C'. Can you explain this answer?
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Verified Answer
Consider the following statements.1. The President cannot send back a ...
Statements 1, 3 only 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 incorrect. 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
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 incorrect. 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
Most Upvoted Answer
Consider the following statements.1. The President cannot send back a ...
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.
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Consider the following statements.1. The President cannot send back a ...
The Correct answer is option 'C'.
Explanation:
1. The President cannot send back a constitutional amendment bill for reconsideration to the Parliament.
This statement is correct. Once a constitutional amendment bill has been passed by both Houses of Parliament, the President has only two options - to give his assent or to withhold it. He has no power to return the bill for reconsideration.
2. Elected representatives alone have the power to amend the Constitution.
This statement is incorrect. While it is true that the power to amend the Constitution is vested in the Parliament, the term "elected representatives" is too narrow. In addition to the elected members of Parliament, the Constitution also provides for the participation of the state legislatures in the process of constitutional amendment.
3. The judiciary cannot initiate the process of Constitutional Amendment but can effectively change the Constitution by interpreting it differently.
This statement is correct. The judiciary cannot initiate the process of constitutional amendment as this power is vested solely in the Parliament. However, the judiciary can change the Constitution by interpreting it differently. This is because the Constitution is a living document and its interpretation may evolve over time.
4. The Parliament can amend any section of the Constitution.
This statement is correct. The Parliament has the power to amend any section of the Constitution, subject to certain limitations. These limitations are provided for in Article 368 of the Constitution and include the requirement of a special majority for the passage of the amendment bill and the need to obtain the ratification of at least half the state legislatures.
Therefore, the correct option is 'C' - 1, 3 and 4 only.
Explanation:
1. The President cannot send back a constitutional amendment bill for reconsideration to the Parliament.
This statement is correct. Once a constitutional amendment bill has been passed by both Houses of Parliament, the President has only two options - to give his assent or to withhold it. He has no power to return the bill for reconsideration.
2. Elected representatives alone have the power to amend the Constitution.
This statement is incorrect. While it is true that the power to amend the Constitution is vested in the Parliament, the term "elected representatives" is too narrow. In addition to the elected members of Parliament, the Constitution also provides for the participation of the state legislatures in the process of constitutional amendment.
3. The judiciary cannot initiate the process of Constitutional Amendment but can effectively change the Constitution by interpreting it differently.
This statement is correct. The judiciary cannot initiate the process of constitutional amendment as this power is vested solely in the Parliament. However, the judiciary can change the Constitution by interpreting it differently. This is because the Constitution is a living document and its interpretation may evolve over time.
4. The Parliament can amend any section of the Constitution.
This statement is correct. The Parliament has the power to amend any section of the Constitution, subject to certain limitations. These limitations are provided for in Article 368 of the Constitution and include the requirement of a special majority for the passage of the amendment bill and the need to obtain the ratification of at least half the state legislatures.
Therefore, the correct option is 'C' - 1, 3 and 4 only.
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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?a)1 and 4 onlyb)1, 2 and 3 onlyc)1, 3 onlyd)All of the aboveCorrect answer is option 'C'. Can you explain this answer?
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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?a)1 and 4 onlyb)1, 2 and 3 onlyc)1, 3 onlyd)All of the aboveCorrect answer is option 'C'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about 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?a)1 and 4 onlyb)1, 2 and 3 onlyc)1, 3 onlyd)All of the aboveCorrect answer is option 'C'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for 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?a)1 and 4 onlyb)1, 2 and 3 onlyc)1, 3 onlyd)All of the aboveCorrect answer is option 'C'. Can you explain this answer?.
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?a)1 and 4 onlyb)1, 2 and 3 onlyc)1, 3 onlyd)All of the aboveCorrect answer is option 'C'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about 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?a)1 and 4 onlyb)1, 2 and 3 onlyc)1, 3 onlyd)All of the aboveCorrect answer is option 'C'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for 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?a)1 and 4 onlyb)1, 2 and 3 onlyc)1, 3 onlyd)All of the aboveCorrect answer is option 'C'. Can you explain this answer?.
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