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Q91 (CDS-I/2022) Polity & Governance › Parliament › Joint sitting Parliament Answer Verified

Which one of the following statements about a Bill for Amendment of the Constitution of India is not correct ?

Result
Your answer: —  Â·  Correct: B

Explanation

The procedure for amending the Constitution of India is governed by Article 368(2) [5]. According to this article, an amendment can only be initiated by introducing a Bill in either House of Parliament and not in the State Legislatures [4]. Furthermore, such a Bill does not require the prior permission or sanction of the President for its introduction [2]. Crucially, Article 368(2) stipulates that the Bill must be passed in each House by a specific special majority—a majority of the total membership and two-thirds of those present and voting [3]. Because the Bill must be passed in each House independently by this special majority, the provision for a joint sitting under Article 108, which is used to resolve deadlocks on ordinary bills, is not available for Constitutional Amendment Bills [3]. Therefore, the statement claiming a joint sitting can be resorted to is incorrect.

Sources

  1. [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 11: Amendment of the Constitution > PROCEDURE FOR AMENDMENT > p. 123
  2. [3] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 12: The Union Legislature > p. 263
  3. [5] https://www.mea.gov.in/images/pdf1/part20.pdf
  4. [2] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 11: Amendment of the Constitution > PROCEDURE FOR AMENDMENT > p. 123
  5. [4] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 10: Procedure for Amendment > p. 192
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SIMILAR QUESTIONS

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Which of the following statements regarding constitutional amendment is/are correct?

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  2. A Bill to amend the Constitution can be introduced in either House of the Parliament.
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Select the correct answer using the code given below:

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Which of the following statements with regard to the creation of a new state or alteration of boundaries of states is/are correct ? 1. An amendment has to be moved in the Parliament under Article 368 of the Constitution of India. 2. Ratification by one half of the states is necessary after the amendment is made by the Parliament. 3. The legislation can be passed by a simple majority of both Houses of Parliament. Select the correct answer using the code given below:

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Consider the following statements:

  1. The Amendment procedure has been provided in Article 368 of the Constitution of India.
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Which of the statements given above is/are correct?

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Which one of the following statements about the process of the Parliament to make new States is not correct?