Question

UPSC Prelims 2022 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 a special majority and there is no provision for Joint Sitting.

Which of the statements given above are correct?

  1. 1. 1 and 2 only
  2. 2. 2 and 3 only
  3. 3. 1 and 3 only
  4. 4. 1, 2 and 3

Answer (Detailed Solution Below)

Option 2: 2 and 3 only

Detailed Solution

Explanation:

  • The procedure for the amendment of the Indian Constitution is laid down in Article 368 of the Constitution. The Constitutional Amendment bill can be introduced either by a minister or by a private member and does not require prior permission of the President. So, statement 1 is not correct.

  • After duly passed by both the Houses of Parliament and ratified by the state legislatures, where necessary, the bill is presented to the President for assent. The President must give his assent to the bill. He can neither withhold his assent to the bill nor return the bill for reconsideration of the Parliament. So, statement 2 is correct.

  • Each House of the Parliament must pass the bill separately by a special majority. In case of a disagreement between the two Houses, there is no provision for holding a joint sitting of the two Houses for the purpose of deliberation and passage of the bill. So, statement 3 is correct.

Therefore, option (2) is the correct answer.

Subject: Polity| Amendment to the Constitution

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