UPSC Prelims 2022 Q13: Constitution Amendment Bill Procedure — Explained
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?
- 1 and 2 only
- 2 and 3 only
- 1 and 3 only
- 1, 2 and 3
Answer: (b) 2 and 3 only
Statement-wise explanation
- 1: incorrect — Article 368(2) says an amendment 'may be initiated only by the introduction of a Bill for the purpose in either House of Parliament.' It sets no requirement for the President's prior recommendation. A minister or a private member can introduce such a Bill. Prior recommendation is needed for other Bills, such as Money Bills under Article 117 and Bills on new States under Article 3, not for amendment Bills.
- 2: correct — Under Article 368(2), once both Houses pass the Bill and it is presented to the President, the President 'shall give his assent to the Bill.' The 24th Constitutional Amendment Act, 1971 made this assent compulsory. So the President cannot withhold assent or return the Bill for reconsideration, as Article 111 allows for ordinary Bills.
- 3: correct — Article 368(2) requires each House to pass the Bill separately by a special majority: a majority of its total membership and two-thirds of the members present and voting. Article 108 provides for joint sittings only on ordinary Bills. It does not apply to Constitution Amendment Bills, so if the two Houses disagree, the Bill fails.
How to eliminate
If you know only one fact, that Article 368 is a self-contained procedure, you can solve this. Start with Statement 3. 'Special majority in each House, no joint sitting' is the standard textbook line on amendment Bills and is certainly true. That rules out the option with 1 and 2 only. Next, Statement 1. It borrows a rule that belongs to Money Bills (Article 117) and Bills on new States (Article 3). It does not belong to Article 368, which only says the Bill is 'introduced… in either House.' Private members have introduced such Bills, which they could not do if the President's recommendation were needed. Dropping Statement 1 leaves the option with 2 and 3. Statement 2 confirms it: since the 24th Amendment (1971), the President 'shall give' assent. The fact to remember is the contrast. For amendment Bills there is no prior recommendation, no joint sitting and no presidential veto. Each of these is the reverse of a rule elsewhere in the Constitution.
Know more
Article 368: how the Constitution is amended
Article 368(1) gives Parliament the constituent power to amend the Constitution 'by way of addition, variation or repeal'. Clause (2) lays down the procedure. Strictly, Article 368 recognises two methods. A third route, a simple majority, applies to provisions that the Constitution says are 'not deemed' amendments under Article 368.
| Method | What it needs | Examples |
|---|---|---|
| Simple majority (outside Art. 368) | Ordinary law-making majority | New States under Art. 2–4, Second Schedule, quorum, citizenship under Art. 11 |
| Special majority (Art. 368(2)) | In each House: majority of total membership and two-thirds of members present and voting | Fundamental Rights, Directive Principles |
| Special majority + State ratification (proviso to Art. 368(2)) | The above, plus resolutions by at least half the State Legislatures before the Bill goes to the President | Election of the President (Art. 54, 55), Seventh Schedule Lists, representation of States in Parliament, Art. 279A (GST Council), Art. 368 itself |
Procedural features to remember
- The Bill can be introduced in either House, by a minister or a private member. It needs no prior sanction of the President.
- Each House must pass it separately. Article 108 joint sittings do not apply, so if the Houses disagree, the Bill fails.
- State ratification needs only a simple majority in each State Legislature. The Constitution sets no time limit for it.
- The President must give assent. This was made explicit by the 24th Amendment (1971), which followed the Golak Nath (1967) ruling.
- Under Art. 368(3), Article 13 does not apply to amendments. Even so, since Kesavananda Bharati (1973), an amendment cannot destroy the Constitution's basic structure.
NCERT Concepts to Revise
- Amendment of the Constitution: The question is about the procedure for formally changing the Constitution's text under Article 368.
- Special majority: Statement 3 depends on which special majority a Constitution Amendment Bill needs in each House.
- Amendment by special majority and state ratification: Shows the hardest amendment route, where State ratification must come before the Bill reaches the President.
- 24th Constitutional Amendment Act 1971: Statement 2 turns on how this 1971 amendment changed the President's role on amendment Bills.