Question 90 from UPSC CSE 2022 - Polity & Governanc e

Question

Consider the following statements:
1. A bill amending the Constitution requires a prior recommendation of the President of India.
2. When a Constitution Amendment Bill is presented to the President of India, it is obligatory for the President of India to give his/her assent.
3. A Constitution Amendment Bill must be passed by both the Lok Sabha and the Rajya Sabha by a special majority and there is no provision for joint sitting.
Which of the statements given above are correct?

Accepted Answer

Correct Option: B. 2 and 3 only

Strategy: Focus on the procedural details of Constitutional Amendment Bills:
*   **Introduction:** A prior presidential recommendation is not required; any member can introduce the bill in either House.
*   **Presidential Assent:** Following the 24th Constitutional Amendment, the President is obligated to give assent.
*   **Passage:** Requires a special majority in both Houses, with no provision for a joint sitting.
Accurate recall of these parliamentary procedures and constitutional mandates is key to evaluating related statements.

Key Info: A Constitution Amendment Bill in India is governed by Article 368. Key features:

*   **Introduction:** May be introduced in either House of Parliament, by a minister or private member, without the requirement for prior presidential recommendation.
*   **Passage:** Requires a 'special majority' in each House--meaning a majority of the total membership and a two-thirds majority of those present and voting.
*   **Joint Sitting:** The Constitution expressly excludes joint sitting provision (under Article 108) for constitutional amendments.
*   **Ratification:** Amendments affecting federal structure (like changes to Article 54, 55, 73, etc.) must also be ratified by at least half of the state legislatures by a simple majority.
*   **Presidential Assent:** As per the 24th Constitutional Amendment Act, 1971, it is obligatory for the President to give assent to a Constitution Amendment Bill--he cannot withhold or return it.
*   **Effect:** The amendment comes into force after receiving presidential assent. Major cases like Kesavananda Bharati v. State of Kerala have interpreted the scope and limitations of Parliament's amending power but not the core procedural aspects listed above.

The 24th Amendment clarified and made explicit the obligation of the President with respect to assent, closing earlier ambiguities presented by certain interpretations before its enactment.

Answer

Option A: 1 and 2 only

Answer

Option C: 1 and 3 only

Answer

Option D: 1, 2, and 3