📘 Q.3 IAS Prelims 2022 — Polity & Governance: Constitutional Amendment Procedure

🧷 Authentic Classroom Explanation by IAS Monk

📍 The Question:

Consider the following statements:

  1. A bill amending the Constitution requires a prior recommendation of the President of India.
  2. When a Constitution Amendment Bill is presented to the President of India, it is obligatory for the President of India to give his/her assent.
  3. A Constitution Amendment Bill must be passed by both the Lok Sabha and the Rajya Sabha by a special majority and there is no provision for joint sitting.

Which of the statements given above are correct?

(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3

Correct Answer: (b)


🔎 Curiosity Raiser (UPSC precision test)

UPSC is checking whether you know the exact constitutional route for amending the Constitution and can distinguish it from ordinary and financial bills.


🧠 Core Concept Tested

Article 368 — Procedure for amendment of the Constitution


🔍 Classroom Explanation (UPSC Prelims Focused)

Statement 1 ❌

  • A Constitutional Amendment Bill does not require prior recommendation of the President.
  • It can be introduced in either House of Parliament, by:
    • a Minister, or
    • a Private Member.

👉 Statement 1 is incorrect.


Statement 2 ✅

  • As per the 24th Constitutional Amendment Act, 1971:
    • The President is bound to give assent to a Constitutional Amendment Bill.
    • He/she cannot withhold assent or return the bill for reconsideration.

👉 Statement 2 is correct.


Statement 3 ✅

  • A Constitutional Amendment Bill must be passed in each House separately by a special majority:
    • majority of total membership and
    • two-thirds of members present and voting.
  • No provision for joint sitting exists in case of disagreement.

👉 Statement 3 is correct.


Why the final answer is (b)

  • Statements 2 and 3 are correct.
  • Statement 1 is incorrect.
  • Hence, option (b).

📘 Enrich Notes (Prelims Value Add)

  • Article 368 → Exclusive procedure for constitutional amendment
  • Special Majority → Higher threshold than ordinary bills
  • Joint Sitting → Never allowed for Constitutional Amendment Bills
  • President’s role → Assent is mandatory, not discretionary

📌 Prelims Recall Line
Constitutional amendments bypass joint sitting and bind the President.


🧘‍♂️ IAS Monk Whisper

To amend the Constitution, Parliament must agree deeply,
and the President must agree absolutely.

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