Question map
Which one of the following statements about a Bill for Amendment of the Constitution of India is not correct ?
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] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 11: Amendment of the Constitution > PROCEDURE FOR AMENDMENT > p. 123
- [3] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 12: The Union Legislature > p. 263
- [5] https://www.mea.gov.in/images/pdf1/part20.pdf
- [2] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 11: Amendment of the Constitution > PROCEDURE FOR AMENDMENT > p. 123
- [4] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 10: Procedure for Amendment > p. 192