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On a particular day, 150 members arepresent in Rajya Sabha at the time of voting.In this scenario, a constitutional amendmentbill, under Article 368 of the constitution
- a)can be passed with the support of only75 members.
- b)cannot be passed with the given strengthof members present for voting.
- c)can be passed with a support fromminimum 100 members.
- d)cannot be passed without support ofatleast 123 members.
Correct answer is option 'D'. Can you explain this answer?
Most Upvoted Answer
On a particular day, 150 members arepresent in Rajya Sabha at the time...
Introduction:
The Rajya Sabha is the upper house of the Parliament of India and is composed of members elected by the members of the State Legislative Assemblies. In order to pass a constitutional amendment bill, a certain number of votes are required. In this scenario, where 150 members are present for voting, we need to determine the number of members required to pass the bill.
Explanation:
To understand the answer, we need to refer to the provisions of Article 368 of the Indian Constitution, which deals with the amendment procedure. According to Article 368, a constitutional amendment bill can be passed in either of the following ways:
1. Special Majority: A constitutional amendment bill must be passed by a special majority, which is defined as a majority of the total membership of each House of Parliament, as well as a majority of not less than two-thirds of the members of that House present and voting.
2. Joint Sitting: If the two Houses of Parliament do not agree on the amendment, it can be resolved by a joint sitting of both Houses. In a joint sitting, the bill must be passed by a majority of the total number of members of both Houses present and voting.
Applying the Rules to the Given Scenario:
In the given scenario, there are 150 members present in the Rajya Sabha at the time of voting.
1. Special Majority: According to the special majority requirement, a constitutional amendment bill must be passed by a majority of the total membership of the Rajya Sabha, which is 245 members, as well as a majority of not less than two-thirds of the members of the Rajya Sabha present and voting. Therefore, in order to pass the bill, there must be a minimum of:
- Majority of 245 members = 123 members
- Two-thirds of 150 members present for voting = (2/3) x 150 = 100 members
Since the bill must be passed by both requirements, it cannot be passed without the support of at least 123 members.
2. Joint Sitting: The scenario does not mention a joint sitting of both Houses, so this provision is not applicable.
Conclusion:
Based on the provisions of Article 368 of the Indian Constitution, a constitutional amendment bill cannot be passed without the support of at least 123 members in the Rajya Sabha, which is more than the given strength of 150 members present for voting. Therefore, option 'D' is the correct answer.
The Rajya Sabha is the upper house of the Parliament of India and is composed of members elected by the members of the State Legislative Assemblies. In order to pass a constitutional amendment bill, a certain number of votes are required. In this scenario, where 150 members are present for voting, we need to determine the number of members required to pass the bill.
Explanation:
To understand the answer, we need to refer to the provisions of Article 368 of the Indian Constitution, which deals with the amendment procedure. According to Article 368, a constitutional amendment bill can be passed in either of the following ways:
1. Special Majority: A constitutional amendment bill must be passed by a special majority, which is defined as a majority of the total membership of each House of Parliament, as well as a majority of not less than two-thirds of the members of that House present and voting.
2. Joint Sitting: If the two Houses of Parliament do not agree on the amendment, it can be resolved by a joint sitting of both Houses. In a joint sitting, the bill must be passed by a majority of the total number of members of both Houses present and voting.
Applying the Rules to the Given Scenario:
In the given scenario, there are 150 members present in the Rajya Sabha at the time of voting.
1. Special Majority: According to the special majority requirement, a constitutional amendment bill must be passed by a majority of the total membership of the Rajya Sabha, which is 245 members, as well as a majority of not less than two-thirds of the members of the Rajya Sabha present and voting. Therefore, in order to pass the bill, there must be a minimum of:
- Majority of 245 members = 123 members
- Two-thirds of 150 members present for voting = (2/3) x 150 = 100 members
Since the bill must be passed by both requirements, it cannot be passed without the support of at least 123 members.
2. Joint Sitting: The scenario does not mention a joint sitting of both Houses, so this provision is not applicable.
Conclusion:
Based on the provisions of Article 368 of the Indian Constitution, a constitutional amendment bill cannot be passed without the support of at least 123 members in the Rajya Sabha, which is more than the given strength of 150 members present for voting. Therefore, option 'D' is the correct answer.
Community Answer
On a particular day, 150 members arepresent in Rajya Sabha at the time...
Amendment to the Constitution requires two different kinds of special majorities:
- in the first place, those voting in favor of the amendment bill should constitute at least half of the total strength of that House.
- Secondly, the supporters of the amendment bill must also constitute two-thirds of those who actually take part in voting.
- Both Houses of Parliament must pass the amendment bill separately in this same manner (there is no provision for a joint session). For every amendment bill, this special majority is required.
- In the Rajya Sabha, there are 245 members. Therefore, any amendment must be supported by a minimum of 123 members. Even if only 150 members are present at the time of voting, the amendment bill must get the support of 123 out of them.
- Hence, option (d) is the correct answer.
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On a particular day, 150 members arepresent in Rajya Sabha at the time of voting.In this scenario, a constitutional amendmentbill, under Article 368 of the constitutiona)can be passed with the support of only75 members.b)cannot be passed with the given strengthof members present for voting.c)can be passed with a support fromminimum 100 members.d)cannot be passed without support ofatleast 123 members.Correct answer is option 'D'. Can you explain this answer?
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