UPSC Prelims 2022·GS1·polity-and-governance·constitution

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?

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  1. A1 and 2 only
  2. B2 and 3 onlyCorrect
  3. C1 and 3 only
  4. D1, 2 and 3

Explanation

Let's analyze the statements regarding a bill amending the Constitution:

  1. A bill amending the Constitution requires a prior recommendation of the President of India: A Bill for the amendment of the Constitution (under Article 368) can be introduced in either House of Parliament without the prior recommendation of the President. This is a key distinction from certain other types of bills (e.g., Money Bills). Therefore, statement 1 is incorrect.

  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: The 24th Constitutional Amendment Act of 1971 made it obligatory for the President to give assent to a Constitution Amendment Bill, meaning the President cannot withhold assent or return the bill for reconsideration. This statement is correct.

  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: A Constitution Amendment Bill must be passed by each House of Parliament by a special majority (i.e., a majority of the total membership of the House and a majority of not less than two-thirds of the members of that House present and voting). There is no provision for a joint sitting of both Houses to resolve a deadlock over a Constitution Amendment Bill; if one House rejects the bill or proposes amendments not acceptable to the other, the bill fails. This statement is correct.

polity-and-governance: Consider the following statements: 1. A bill amending the Constitution requires a prior recommendation of the President

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