UPSC Prelims 2022 · Question 13 of 98

UPSC Prelims 2022 question on Constitution Amendment Bill Procedure

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?

  1. 1 and 2 only
  2. 2 and 3 only
  3. 1 and 3 only
  4. 1, 2 and 3
Show answer

Answer: B. 2 and 3 only

Verdict

Correct statements: 2 and 3 → Option (b).

Statement by statement

Statement 1 – INCORRECT: A Constitution Amendment Bill can be introduced either by a minister or by a private member and does NOT require prior permission or recommendation of the President.

Statement 2 – CORRECT: The president must give his assent to the bill (as per the 24th Constitutional Amendment Act, 1967). He can neither withhold his assent to the bill nor return the bill for reconsideration of the Parliament. After the president's assent, the bill becomes an Act (a constitutional amendment act).

Statement 3 – CORRECT: Each House must pass the bill separately by a special majority (majority of total membership AND two-thirds of members present and voting). In case of a disagreement between the two Houses, there is no provision for holding a joint sitting for the purpose of deliberation and passage of the bill.

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