UPSC Prelims 2022 Q13: Indian Polity – Constitutional Amendments
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?
- (a) 1 and 2 only
- (b) 2 and 3 only
- (c) 1 and 3 only
- (d) 1, 2 and 3
Answer: (b) 2 and 3 only
Explanation
Constitutional Amendment procedure — Article 368
| Statement | Verdict | Reason |
|---|---|---|
| 1. Needs the President's prior recommendation | Wrong | An amendment bill needs no prior recommendation; any minister or private member can introduce it in either House |
| 2. President must give assent | Correct | The 24th Amendment (1971) made assent obligatory |
| 3. Special majority in both Houses; no joint sitting | Correct | Each House must pass it separately; a deadlock ends the bill |
Special majority under Article 368:
| Requirement | Detail |
|---|---|
| Majority of total membership of the House | Yes |
| Two-thirds of members present and voting | Yes |
| State ratification | Needed for federal provisions — by half the States |
Answer: (b) 2 and 3 only.
Why each option is right or wrong
- (a) Incorrect. Statement 1 is false; no prior Presidential recommendation is needed.
- (b) CORRECT. Assent is obligatory (24th Amendment), and there is no joint sitting for amendment bills.
- (c) Incorrect. Statement 1 is false, and it leaves out the true Statement 2.
- (d) Incorrect. Statement 1 is false, so 'all three' fails.
Key point
Art 368: no prior Presidential recommendation; special majority in each House; no joint sitting; assent obligatory (24th Amendment).
Remember
A Constitution Amendment Bill needs no prior Presidential recommendation and has no joint sitting.
Common mistakes
- Confusing amendment bills with Money Bills, which need the President's prior recommendation.
- Thinking a joint sitting can resolve a deadlock; it cannot for amendment bills.
- Forgetting that the 24th Amendment made Presidential assent compulsory.
Exam tip
Amendment bills: anyone can introduce, both Houses separately, President must sign.
Sources
- Constitution of India — Article 368
- Constitution (Twenty-fourth Amendment) Act, 1971
- NCERT Class XI — Indian Constitution at Work, Ch 9