UPSC Prelims 2013 Q11: Indian Polity – Constitutional Framework & Development
Consider the following statements:
1. An amendment to the Constitution of India can be initiated by an introduction of a Bill in the
Lok Sabha only.
2. If such an amendment seeks to make changes in the federal character of the Constitution, the
amendment also requires to be ratified by the legislatures of all the States of India.
Which of the statements given above is/are correct?
- (a) 1 only
- (b) 2 only
- (c) Both 1 and 2
- (d) Neither 1 nor 2
Answer: (d) Neither 1 nor 2
Explanation
Amendment of the Constitution (Article 368)
| Statement | Verdict | Fact |
|---|---|---|
| 1. An amendment can be initiated by the introduction of a Bill in the Lok Sabha only | Incorrect | The Bill can be introduced in either House of Parliament |
| 2. If the amendment changes the federal character, it must be ratified by the legislatures of all the States | Incorrect | Ratification is needed from not less than half of the States |
Procedure under Article 368:
| Step | Rule |
|---|---|
| Introduced by | A Minister or a private member; no prior sanction of the President |
| Majority in each House | Majority of total membership and two-thirds of members present and voting |
| Joint sitting | Not allowed |
| Ratification | By half of the States for federal provisions |
| President | Must give assent (24th Amendment) |
State legislatures cannot start an amendment.
Answer: (d) Neither 1 nor 2.
Why each option is right or wrong
- (a) Incorrect. The Bill can start in either House, not the Lok Sabha only.
- (b) Incorrect. Ratification by half the States is enough, not all.
- (c) Incorrect. Both statements are false.
- (d) CORRECT. Either House can initiate, and only half the States need ratify.
Key point
Article 368: Bill in either House; special majority in each; no joint sitting; half the States ratify federal changes; President must assent.
Remember
Amendment: either House, half the States.
Common mistakes
- Treating an Amendment Bill like a Money Bill (Lok Sabha only).
- Reading 'half' as 'all' the States.
- Thinking the President can withhold assent.
Exam tip
Watch the words 'only' and 'all'. Both statements fail on them.
Sources
- Constitution of India — Article 368
- M. Laxmikanth — Indian Polity, chapter on Amendment of the Constitution