UPSC Prelims 2022
Prelims General Studies Paper - 1
May 14, 2023
2 min read
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 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
The correct answer is B. 2 and 3 only
The process of amending the Indian Constitution is outlined in Article 368. According to this provision, a Constitutional Amendment bill can be introduced by either a minister or a private member of Parliament, without requiring prior permission from the President.
Once the bill has been passed by both the Houses of Parliament and, where necessary, ratified by the state legislatures, it is presented to the President for assent. The President is obligated to give assent to the bill and does not have the power to withhold it or send it back to Parliament for reconsideration.
To become law, the bill must be passed separately by both Houses of Parliament with a special majority. If there is a disagreement between the two Houses, there is no provision for convening a joint sitting to deliberate and pass the bill.
This procedure ensures that any amendments to the Indian Constitution undergo a thorough legislative process and receive the necessary approval from the President. By requiring separate passage in both Houses and disallowing joint sittings for disagreement resolution, the Constitution maintains a system of checks and balances to safeguard the integrity and stability of the amendment process.
The process also reflects the democratic principles upon which the Indian Constitution is based. The involvement of both ministers and private members in introducing amendment bills allows for a diverse range of perspectives to be considered during the amendment process, ensuring that the interests of various stakeholders are taken into account.
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