Consider the following statements: A constitutional amendment bill can...
Statement 1: A constitutional amendment bill can be introduced only in the Lok Sabha.
This statement is incorrect. A constitutional amendment bill can be introduced in either house of Parliament, i.e., Lok Sabha or Rajya Sabha. There is no restriction on which house can initiate a constitutional amendment bill. Once introduced in one house, it needs to be passed by both houses of Parliament with a special majority (two-thirds majority of the members present and voting, as well as a majority of the total membership of that house).
Statement 2: States do not have any power to initiate a constitutional amendment.
This statement is correct. The power to initiate a constitutional amendment lies with the Parliament and not with the states. The states can provide their views and recommendations on a constitutional amendment bill, but they do not have the power to initiate or propose such bills.
Statement 3: The President can either accept or withhold his assent to the Constitutional amendment bill but cannot return it.
This statement is incorrect. The President has the power to return a constitutional amendment bill for reconsideration. If the President has any objections or suggestions regarding the bill, he can send it back to Parliament for reconsideration. However, if the bill is passed again by both houses with or without incorporating the President's suggestions, the President must give his assent to the bill.
Statement 4: A constitutional amendment bill seeking to amend the federal provisions needs ratification by 50 percent of the states.
This statement is correct. According to Article 368 of the Indian Constitution, if a constitutional amendment bill seeks to amend the federal provisions of the Constitution (which includes provisions related to the distribution of powers between the Union and states), it needs to be ratified by at least half of the states. This ratification can be done by the state legislatures within a specified time period.
Therefore, the correct answer is option B, i.e., statements 2 and 4 only.
Consider the following statements: A constitutional amendment bill can...
- Statement 1 is incorrect: As per Article 368 of the Constitution, a Constitutional Amendment Bill can be introduced in either house of the Parliament, not necessarily in the Lok Sabha. Rajya Sabha has equal powers with Lok Sabha in case of Constitutional Amendment Bills.
- Statement 2 is correct: Constitutional Amendment bills cannot be introduced in the state legislatures. The state legislatures can only pass a resolution requesting the Parliament for the creation or abolition of the state legislative council which can also be rejected or accepted by the Parliament. Hence, state legislatures cannot initiate a constitutional amendment.
- Statement 3 is incorrect: The President must mandatorily give his assent to the Constitution
- Amendment bill. He can neither withhold assent nor return the bill. This provision was added by the 24th Constitutional Amendment Act, 1971.
- Statement 4 is correct: There are certain provisions in the Constitution that seeks to amend the Federal provisions of the constitution. Such provisions require special majority in the Parliament and require ratification by half of the state legislatures with a simple majority. These provisions are:
- Power to amend the constitution (Article 368) itself.
- Election of the President and the manner of election.
- Extent of executive powers of the Centre and States.
- Distribution of legislative powers between the Centre and the States.
- GST Council
- Seventh Schedule
- Representation of States in the Parliament.
- Supreme Court and High Courts.