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Q36 (IAS/2013) Polity & Governance › Constitutional Basics & Evolution › Amendment procedure Answer Verified

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 legislature of all the States of India. Which of the statements given above is/are correct?

Result
Your answer: —  Â·  Correct: D
Explanation

Statement 1 is incorrect because an amendment to the Constitution of India can be initiated by the introduction of a bill in either House of Parliament (Lok Sabha or Rajya Sabha), not just the Lok Sabha [4]. Statement 2 is also incorrect; while amendments affecting the federal character of the Constitution require ratification by state legislatures, Article 368(2) specifies that ratification is required by not less than one-half (50%) of the States, rather than all of them [4]. The procedure under Article 368 mandates that such bills must be passed in each House by a special majority—a majority of the total membership and two-thirds of those present and voting [3]. Since both statements contain factual inaccuracies regarding the initiation and the required threshold for state ratification, the correct option is 'Neither 1 nor 2'.

Sources

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