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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. The Constitution (Seventy-Third Amendment) Act, 1992, which aims at promoting the Panchayati Raj Institutions in the country, provides for which of the following? 

    1) Constitution of District Planning Committees. 

    2) State Election Commissions to conduct all panchayat elections. 

    3) Establishment of State Finance Commissions. 

    Select the correct answer using the codes given below:

  2. Consider the following statements: In India, a Metropolitan Planning Committee 

    1) is constituted under the provisions of the Constitution of India. 

    2) prepares the draft development plans for metropolitan area. 

    3) has the sole responsibility for implementing Government sponsored schemes in the metropolitan area. 

    Which of the statements given above is/are correct?

  3. Consider the following statements: 

    1. An amendment to the Constitution of India can be initiated by an introduction of a bill in the Lok Sabha only. 

    2. If such an amendment seeks to make changes in the federal character of the Constitution, the amendment also requires to be ratified by the legislature of all the States of India. 

    Which of the statements given above is/are correct?

  4. According to the Constitution of India, which of the following are fundamental for the governance of the country?

  5. Which of the following constitutional Amendment Act, deals with Elementary Education as a Fundamental Right?
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