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UPSC MainsGeneral Studies Paper IIIndian PolityPractice question

Passage of Constitutional Amendment vs Legislative Bills

What are the main differences between the passage of Constitutional Amendment Bills and other legislative Bills?

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How to approach

Introduce by highlighting the constitutional basis under Article 368 versus regular lawmaking under Articles 107-111. Systematically contrast the two categories across introduction criteria, majority requirements, deadlock resolution mechanisms, and presidential assent. Conclude by touching upon judicial review through the Basic Structure doctrine.

Model answer

339 words

Introduction

Under the Indian Constitution, the Parliament exercises both ordinary legislative powers and constituent powers. While regular legislative enactments follow procedural rules under Articles 107 to 111, Constitutional Amendment Bills (CABs) operate under the constituent framework of Article 368, creating fundamental procedural and legal distinctions between them.

Key Procedural Differences

  • Prior Recommendation for Introduction: Neither Constitutional Amendment Bills nor Ordinary Legislative Bills (OLBs under Article 107) require prior presidential recommendation for introduction. This distinguishes both from Money Bills (Article 110) and certain Financial Bills, which strictly require prior recommendation under Article 117.
  • Majority Requirements: Ordinary Legislative Bills require only a simple majority of members present and voting in each House. Conversely, Constitutional Amendment Bills under Article 368 mandate a special majority (a majority of the total membership of each House, along with a two-thirds majority of members present and voting).
  • Federal Ratification: If a Constitutional Amendment Bill affects federal provisions—such as the representation of states in Parliament or the election of the President—it additionally mandates ratification by the legislatures of at least half of the states by simple majority (e.g., the 106th Constitutional Amendment Act, 2023). Ordinary bills require no state legislative concurrence.
  • Deadlock Resolution: Under Article 108, the President can summon a joint sitting of both Houses to resolve a deadlock over an ordinary bill. In contrast, there is no constitutional provision for a joint sitting on a Constitutional Amendment Bill; each House must pass it independently, or the bill lapses.
  • Presidential Assent and Veto Powers: For an ordinary bill, the President may grant assent, withhold assent, or return it for reconsideration under Article 111 (suspensive veto). However, the 24th Constitutional Amendment Act, 1971, amended Article 368 to make it obligatory for the President to give assent to a Constitutional Amendment Bill, removing all veto powers.

Conclusion

These differences reflect the framers' conscious design blending rigidity and flexibility to protect the constitutional fabric. While Parliament retains broad constituent power to amend provisions, such exercises remain subordinate to judicial review under the Basic Structure Doctrine established in the Kesavananda Bharati case.

Key facts to remember

definition
Special Majority under Article 368

A voting threshold requiring a majority of the total membership of the House, as well as a majority of not less than two-thirds of the members present and voting.

scheme
24th Constitutional Amendment Act, 1971

This amendment affirmed Parliament's constituent power to amend any part of the Constitution, including fundamental rights, and made presidential assent mandatory for Constitutional Amendment Bills.

example
State Ratification under Article 368

The 106th Constitutional Amendment Act, 2023 (Nari Shakti Vandan Adhiniyam) required ratification by at least half of the state legislatures because it altered federal electoral dynamics by providing reservation for women in legislative bodies.

Frequently asked questions

Can a joint sitting be convened to resolve a deadlock on a Constitutional Amendment Bill?

No. Under Article 368, a Constitutional Amendment Bill must be passed separately by each House of Parliament with the requisite special majority; Article 108 (joint sitting) applies only to ordinary bills.

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