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?
Correct Answer :
2 and 3 only
Solution :
The correct option is 2 and 3 only.
Let us analyze each statement step-by-step to understand why they are correct or incorrect under the provisions of the Constitution of India:
Statement 1 is incorrect:
According to Article 368 of the Constitution of India, a bill for the amendment of the Constitution can be initiated by the introduction of a Bill for the purpose in either House of Parliament (Lok Sabha or Rajya Sabha). Such a bill does not require the prior recommendation of the President of India before its introduction. Since the statement asserts that it requires prior recommendation, Statement 1 is incorrect.
Statement 2 is correct:
The 24th Constitutional Amendment Act of 1971 amended Article 368 to make it obligatory for the President of India to give his/her assent to a Constitution Amendment Bill. When such a bill, passed by both Houses of Parliament with the requisite majority (and ratified by the state legislatures where necessary), is presented to the President, the President must give their assent. The President cannot withhold assent or return the bill for reconsideration.
Statement 3 is correct:
Under Article 368, a Constitution Amendment Bill must be passed in each House of Parliament by a special majority. This means a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting. Furthermore, each House must pass the bill separately. In case of any disagreement between the two Houses, there is no provision for holding a joint sitting of both Houses to resolve the deadlock. Therefore, Statement 3 is correct.
Since Statements 2 and 3 are correct and Statement 1 is incorrect, the correct option is "2 and 3 only".
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