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Q79 (NDA-I/2016) Polity & Governance › Constitutional Basics & Evolution › Amendment procedure Answer Verified

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 all Amendments to the Constitution of India.

Which of the statements given above is/are correct?

Result
Your answer: —  Â·  Correct: A

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. [1] https://www.mea.gov.in/images/pdf1/part20.pdf
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SIMILAR QUESTIONS

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  1. The procedure for amendment to the Constitution is provided in Article 368.
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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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