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 ✓ UPSC's answer
- (c) 1 and 3 only
- (d) 1, 2 and 3
Why the answer is (b)
• Statement 1 is wrong: a Constitution Amendment Bill can be introduced in either House by a minister or private member and needs no prior recommendation of the President.
• Statement 2 is correct: the 24th Amendment (1971) made it obligatory for the President to give assent to a Constitution Amendment Bill (Article 368(2)).
• Statement 3 is correct: the Bill must be passed by each House separately by a majority of the total membership and two-thirds of those present and voting; Article 108's joint-sitting mechanism does not apply to it.
• Certain amendments additionally need ratification by half the State legislatures.
• Hence 2 and 3 only, option (b).
Why the other options are wrong
- (a) 1 and 2 only
- Statement 1 is wrong: no prior Presidential recommendation is needed.
- (c) 1 and 3 only
- Statement 1 is wrong; statement 2 on mandatory assent is correct.
- (d) 1, 2 and 3
- Statement 1 is wrong, so all three cannot be correct.
Asked in the GS Paper I of the UPSC Civil Services Preliminary Examination 2022, held on 5 June 2022. Question and answer key: Union Public Service Commission. Explanation: UPSC Answer Check.