Question map
Consider the following statements : 1. The Amendment procedure has been provided , in Article 368 of the Constitution of India. 2. The consent of the States is mandatory for ail Amendments to the Constitution of India. Which of the statements given above is/are correct ?
Explanation
Statement 1 is correct as Article 368, located in Part XX of the Constitution of India, specifically details the power of Parliament to amend the Constitution and the procedures required for such amendments [1]. Statement 2 is incorrect because the consent of the States is not mandatory for all amendments. Under Article 368(2), most amendments require only a special majority in both Houses of Parliament. Ratification by at least one-half of the State Legislatures is only mandatory for specific provisions that affect the federal structure, such as the election of the President, the distribution of legislative powers, the representation of states in Parliament, and Article 368 itself. Amendments concerning Fundamental Rights or Directive Principles generally do not require state ratification. Therefore, only the first statement is accurate.
Sources
- [1] https://www.mea.gov.in/images/pdf1/part20.pdf