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Question

Consider the following statements regarding the amendment procedure under Article 368 of the Constitution of India :
1. Constitutional amendment bills can be introduced in either House of the Parliament.
2. Constitutional amendment bills should be passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting.
3. All Constitutional amendment bills must be ratified by the Legislature of not less than one-half of the States.
Which of the statements given above is/are correct ?

The correct answer is
1 and 2 only

Analyzing Article 368 Amendment Procedure Statements

This solution examines the accuracy of statements concerning the amendment procedure outlined in Article 368 of the Constitution of India.

Statement 1: Introduction of Bills

  • Article 368 explicitly states that a bill to amend the Constitution may be introduced in either House of Parliament (Lok Sabha or Rajya Sabha).
  • Therefore, statement 1 is correct.

Statement 2: Passage of Bills

  • According to Article 368(2), a constitutional amendment bill must be passed by each House.
  • The required majority is a special majority:
    • A majority of the total membership of that House.
    • And, a majority of not less than two-thirds of the members present and voting.
  • Therefore, statement 2 is correct.

Statement 3: Ratification by States

  • Article 368(2) mandates ratification by state legislatures only for amendments that affect the federal provisions of the Constitution. This includes matters like the powers of the Supreme Court, High Courts, or the distribution of legislative powers between the Union and the States.
  • It is not a requirement for all Constitutional amendment bills.
  • Therefore, statement 3 is incorrect.

Conclusion

Based on the analysis, only statements 1 and 2 are correct.

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Important Questions from Constitutional Amendments

  1. For which of the following states was the Constitution (Scheduled Castes and Scheduled Tribes) Orders (Second Amendment) Bill, 2022, introduced in the Parliament?

  2. The Constitution (Seventy-third Amendment) Act provides for:

  3. Which of the following Constitutional Amendment Acts introduced GST (Goods and Services Tax) in course of inter-state trade or commerce?

  4. The Constitution (Seventy-third Amendment) Act provides for:

  5. Match List-I with List-II and select the answer using the code given below the Lists :
    List-I
    (Special provision in the
    Constitution of India)
    List-II
    (State)
    A. Article 3711. Nagaland
    B. Article 371-A2. Gujarat
    C. Article 371-B3. Assam
    D. Article 371-I4. Goa

    Code:
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