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Q91 (CDS-II/2021) Polity & Governance › Constitutional Basics & Evolution › Amendment procedure Answer Verified

Which of the following statements regarding constitutional amendment is/are correct ? 1. The procedure for amendment to the Constitution is provided in Article 368. 2. A Bill to amend the Constitution can be introduced in either House of the Parliament. 3. The special procedure in Article 368 vests constituent powers upon the ordinary legislation. Select the correct answer using the code given below :

Result
Your answer: —  Â·  Correct: B
Explanation

The correct answer is Option 2 (1, 2 and 3). All three statements accurately describe the constitutional amendment process in India.

  • Statement 1: Article 368 in Part XX of the Constitution explicitly outlines the power of Parliament to amend the Constitution and the procedure thereof.
  • Statement 2: According to Article 368, an amendment bill can be initiated in either the Lok Sabha or the Rajya Sabha. It cannot be introduced in state legislatures.
  • Statement 3: The Supreme Court, notably in the Kesavananda Bharati case, clarified that while Parliament exercises legislative powers normally, under Article 368, it exercises constituent power. This special procedure distinguishes "constituent law" from "ordinary law," as the former can modify the fundamental framework of the state, provided it does not violate the Basic Structure.

Since all statements are legally sound and verified by constitutional provisions and judicial interpretations, Option 2 is the comprehensive choice.

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