๐Ÿ“˜ Q.3 IAS Prelims 2022 โ€” Polity & Governance: Constitutional Amendment Procedure

๐Ÿงท Authentic Classroom Explanation by IAS Monk

๐Ÿ“ 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

โœ… Correct Answer: (b)


๐Ÿ”Ž 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.


๐Ÿง  Core Concept Tested

Article 368 โ€” Procedure for amendment of the Constitution


๐Ÿ” Classroom Explanation (UPSC Prelims Focused)

Statement 1 โŒ

  • 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.

๐Ÿ‘‰ Statement 1 is incorrect.


Statement 2 โœ…

  • 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.

๐Ÿ‘‰ Statement 2 is correct.


Statement 3 โœ…

  • 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.

๐Ÿ‘‰ Statement 3 is correct.


โŒ Why the final answer is (b)

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

๐Ÿ“˜ Enrich Notes (Prelims Value Add)

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

๐Ÿ“Œ Prelims Recall Line
Constitutional amendments bypass joint sitting and bind the President.


๐Ÿง˜โ€โ™‚๏ธ IAS Monk Whisper

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

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